The Intellectual Property Appellate Board (IPAB) has made many attempts to examine facts in individual cases using expert evidence to prove technical and complex facts and to set the tone for the future conduct of litigators using expert evidence.
In Fresenius Kabi Oncology Limited v Glaxo Group Limited and Anor (2013), the IPAB observed that, “we might seek the opinion of independent experts appointed by us as neutral witnesses”. This decision was prompted by an earlier critical observation by the IPAB, “We have found that when the parties furnish expert evidence, predictably the opposite side attacks the evidence. We thought this problem would be obviated by the appointment of a court witness.”
IPAB on appointment and role of neutral experts by DPS Parmar