1.3.6 Evidence
The role and utilization of experts in patent cases differ among jurisdictions, with reliance on expert opinion varying in light of the sitting judge’s specialized expertise. Some jurisdictions rarely use technical experts and only consider court-appointed experts as formal sources of evidence.49 Party-appointed experts and their reports are not considered as evidence, but as submissions by the respective parties – albeit with some additional weight. In other jurisdictions, expert testimony plays a critical role, with courts frequently relying on expert opinions, and both party-appointed and court-appointed experts are treated as expert evidence.50 Some countries actively use the procedure of “hot-tubbing,” where multiple party-appointed experts participate in a conclave of experts to prepare a joint report prior to the trial, and give their evidence concurrently at trial rather than through serial cross-examination.51