0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

a reminder from the High Court to consider using neutral experts in complex patent disputes

27 April 2016

In an unusual post-settlement judgment in Electromagnetic Geoservices ASA v Petroleum Geo-Services ASA and others, Mr Justice Birss took the opportunity to expound the virtues of a court-instructed scientific adviser.

The patent in issue concerned the use of controlled-source electromagnetism and was the subject of an 11-day trial involving “difficult physics and mathematics”. In order to assist the court in understanding the experts’ opinions and, importantly, the basis of and reasoning behind their opinions, the court settled brief instructions to an independent scientific adviser. With a day-long teach-in conducted in private before trial, Birss J asked candid, technical questions of a neutral expert who had not been told about the issues at trial. Afterwards, the materials used at the teach-in were disclosed to the parties.

Although the parties settled the case after the hearing, Birss J handed down judgment simply to state that, in particularly complex, technical matters, the prior instruction of an independent scientific adviser by the court could allow a trial to proceed more expeditiously and serve the interests of justice.

related opinions

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

Artificial intelligence in legal and contracting

With its claims to disrupt and transform many areas of our lives, AI is now part of our day to day vocabulary.

View blog

Apps for Apple will need GDPR compliant privacy policies - update yours now!

From this week - if you want to continue to offer your app via the apple store you’re going to need to have a GDPR compliant privacy policy in place.

View blog

Wearable security

How secure is your fitness tracker? (Not to mention your smartwatch, sleep tracker, smart shoe insoles and wearable Bluetooth keyboard). It’s something that many of us give little thought to, but perhaps we should be more concerned.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up