How Amended Rule 702 Affects Testimony In Patent Litigation

In 2023, Federal Rule of Evidence 702, which governs the admissibility of expert testimony, had its most significant amendment in 25 years. The 2023 amendments updated the 2000 amendments in two ways to address the apparent failure of some courts to serve as proper gatekeepers in preventing unreliable expert evidence from reaching a jury:

Rule 702. Testimony by Expert Witnesses

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied expert's opinion reflects a reliable application of the principles and methods to the facts of the case.