The Federal Court of Appeal held that in patent cases it is not unusual for expert reports to be prepared in close collaboration with counsel “in an effort to present the substantive opinion of the expert in a manner and format that is helpful to the Court.” The Court went on further, however, warning that “litigators involved in patent cases ought to be alert” to their duty to ensure the “opinion presented by the expert is truly their own objective opinion.”
dTechs EPM Ltd. v. British Columbia Hydro and Power Authority, 2023 FCA 115