The judicial acorn of wisdom to patent litigators in 2008 comes from the Hon. William Walls (D.N.J.). “Defendant’s counsel did not see the necessity of providing expert testimony to aid the Court in understanding the term. “The more fatal point is that defendants did not provide expert testimony to rebut their own witness, Dr. Gsell, whose testimony corroborated the testimony of plaintiff’s expert.”
I’ve not seen recently the standard form pretrial order used in the D.N.J., but I don’t recall a place where a party listed its “Experts to Rebut Its Own Witnesses.” That possibly was what Judge Walls expected in Howmedica v. Zimmer, 05-897, (1/2/08).