By Kurt M. Rylander of Rylander & Associates PCMr. Rylander is a registered patent attorney and trial attorney. He handles all types of
intellectual property law suits, including patent infringement. He has conducted numerous jury
trials and bench trials as lead attorney, and appears regularly in Federal and State courts. His
law firm, Rylander & Associates PC, is located in Vancouver, Washington.
Federal court practitioners know that the use of experts can be both a boon and a
boondoggle. The expert who fails to put everything in the report that could be needed to support
an opinion at summary judgment or trial quickly turns from an asset to a liability. FRCP 26(a)(2)
(B) requires an expert report to contain the following:
The report shall contain a complete statement of all opinions to be expressed and the basis and
reasons therefor; the data or other information considered by the witness in forming the opinions; any
exhibits to be used as a summary of or support for the opinions; the qualifications of the witness,
including a list of all publications authored by the witness within the preceding ten years; the
compensation to be paid for the study and testimony; and a listing of any other cases in which the
witness has testified as an expert at trial or by deposition within the preceding four years.
Additionally, Daubert
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