I gotcha in other words one skilled in the art is one who will accept money to say anything that helps you regardless of being truthfull and not necessarily a real expert but self procalimed expert. Show me the money and yes I can testify to some way you can or did circumvent, or I knew about this when I was a baby so therefore its prior art.
This system stinks. Like I said take some damn phones and say here they are with and without our technology. Now Mr. Expert why does the phone not perform without our technology and does with it. I guess that would make to damn much sense and reduce legal fees dramatically.
It would appear the definition of one skilled in the art should be exposed to a jury or whomever is judging the contest exactly what this fictional crap is, and that it is fictional, and therefore actually has no real value other than that assigned by the paying party. I would suggest if you wanted to disclaim the testimony of one of the experts have them disect a few patents that are not part of the case to test their real knowledge and expertise. If they are at a loss on what and how then maybe the qualifications can be exposed as not skilled but just paid.
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