Rule 181 – Experts of the parties

1. Subject to the orders of the Court referred to in Rules 104(e) and 112.2(b) a party may provide any expert evidence that it considers necessary. Rules 175 to 180 shall apply mutatis mutandis to experts of the parties.

2. An order of the Court under Rule 177 summoning the expert shall additionally set out that:

(a) an expert has a duty to assist the Court impartially on matters relevant to his area of expertise which overrides any duty to the party retaining him; and

(b) an expert is to be independent and objective, and shall not act as an advocate for any party to the proceedings.

Case Law

IPPT20241226, UPC CFI, CD Paris, Advanced Bionics v MED-EL
Inventor not allowed as expert (R. 181(2) RoP). As inventor of the patent at issue he may have a direct interest in the outcome of the case and therefore does not meet the requirements of Rule 181 (1) (a) and (b) ‘Rop’ for impartiality, objectivity and independence. 

IPPT20240917, UPC CFI, LD Mannheim, Panasonic v Orope
Request after conclusion of interim conference to hear party expert as a witness at the oral hearing rejected (R. 110 RoP, R. 181 RoP). Moreover, the request fails to recognise that, according to the party's own submission, the person named is not to be heard as a witness. Witnesses provide information on facts that are disputed and relevant to the decision. There is also no reason at present to hear the party-appointed expert in accordance with Rule 181 RoP. Should the submission, if deemed admissible, be relevant and the court consider it necessary to examine the party-appointed expert, this will have to be discontinued as part of a decision pursuant to Rule 114 RoP.