Prior art for machine learning patents is often documented first outside patent databases, in preprint servers, conference proceedings, source code repositories, and competition write-ups. This post walks through the five categories an AI patent expert witness examines when searching for references that predate a challenged claim’s priority date.
Technical expert witness deposition preparation is one of the highest-leverage activities in IP litigation, since deposition testimony can resurface at trial, in Daubert briefing, and in impeachment exhibits. This article surveys common practices for preparing a software expert witness, including how prep sessions are structured around the FRCP 26 report and which cross-examination themes recur in software cases.
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