An International Guide to
Patent Case Management for Judges

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9.9.7 Evidence

A party’s statement of case can stand as evidence at trial. If it is necessary, additional evidence in the form of witness statements can be directed at the CMC. The court will typically seek to control fact evidence by limiting the issues to which it can be directed, the number of witnesses and the length of their statements.

Similar case management applies to expert evidence. If expert evidence is permitted at all, only where it is clearly shown that different and distinct areas of expertise are relevant to the issues at trial will more than one expert per party be allowed. Experts in IPEC are subject to the same obligations as those in the Patents Court. Although “in-house” experts are more common to satisfy the cost–benefit test, those experts are still required to act independently and in compliance with their obligations and duties as an expert.