As more litigation, legislation, and regulation involves technological matters (especially those involving digital technologies), this two-day symposium will explore how expertise about technology and its impacts is generated, introduced, and used in making legal and policy decisions. The first day, February 27, will focus on the judiciary. Day 2, February 28, will examine issues related to legislative and executive branch decision-making at the federal, state and local levels.

Among the questions we want to ask: In technologically complex cases, should judges appoint their own technical advisers or special masters or instead rely on attorneys and litigants’ experts? What should be considered an issue of technological expertise and what should be considered a question of law or politics? Should Congress recreate an Office of Technology Assessment? What lessons can be learned from the ways government agencies currently obtain and use technological expertise?

WilmerHale Partner Sonal Mehta will speak on a panel "The Use of Technical Expertise in Patent Litigation: Claim Construction, Patent Validity, and Patent Infringement." Co-panelists include the Hon. Maryellen Noreika (District of Delaware), Hon. Alan Albright (Western District of Texas) and the Hon. Jon Tigar (Northern District of California). The panel will explore how patent litigators and judges view the role of technical experts in claim construction, patent validity, and patent infringement.