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

Multi Skilled Visit: what is the impact of it being a right under the new Electronic Communications Code?

A Multi Skilled Visit (MSV) is when a survey is carried out on behalf of operators for the purpose of seeing whether a new site is suitable for the installation and operation of electronic communications equipment.

View blog

Deadline for registration for all operators and pilots of drones – midnight today!

Mandatory registration under the Drone Safe Drone and Model Aircraft Registration and Education Service starts at 00.00 on 30 November 2019.

View blog

Supreme Court awards compensation to a Professor for an invention created during his employment

A recent decision by the Supreme Court in Shanks v Unilever PLC has supported the right for employees to receive compensation for patented inventions if the invention is of ‘outstanding benefit’.

View blog

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up