FWIW….With all the talk regarding testimony by an expert witness, thought I would share a couple of things. First, I have a college buddy who is an electrical engineer, authored two patents, and has served as an expert witness on a handful of cases primarily in support of the company he works for. He does not work in the microprocessor industry, but his take on expert witness testimony, if anything, is at least food for thought. He absolutely detests being an expert witness, and avoids it whenever possible as it usually tests his moral compass. In his words, one can spin facts to support either side of the argument.

Second, while researching Thomas Gafford, I came across the case Default Proof Credit Card System, INC v. Home Depot USA INC, Starbucks, Urban Coffee, Wal Mart. Interesting enough, Townsend and Townsend and Crew LLP represented one of the defendants, and Gafford was an expert witness for the plaintiff. Gafford’s expert testimony was rejected by the court. Not picking on Gafford, it is just a coincidence that I found this case, rather just trying to explain that expert testimony looks good on paper, but isn’t always right. I am sure if I researched Despain, I could probably come up with an instance where his testimony was discredited as well. (OK I can’t…but just trying to be unbiased here). I guess what I am trying to articulate here, is exactly what others have said all along. There will be experts on both sides making some pretty bold and convincing statements, don’t get two wrapped up in them. They are just doing their job. See link below to read why Gafford’s expert testimony was rejected by court, it is interesting to say the least.

http://www.ll.georgetown.edu/federal/judicial/fed/opinions/05opinions/05-1069.pdf

Good luck to you, me, us, and all longs!