Chapter 17 : Corporate Disputes

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A microbiologist expert may be called upon to opine on the validity of a dispute involving science in his area of expertise. The chapter talks about one such case that involved the defendant, a microbiologist, who was employed by a large corporation and given the task of developing a laboratory device. The microbiologist worked on this project for several years with only partial success, subsequently claiming lack of corporate support. After a time, he became frustrated, formed his own company, and within a year was able to complete the development of the laboratory instrument. The microbiologist was sued by his former employer, the plaintiff, claiming that he relied largely upon experimental results obtained while in their employ to develop the instrument. As an expert employed by the defendant’s attorney, the author of the chapter was asked to review the laboratory notes written by the defendant during his employ by the plaintiff corporation as well as his laboratory notes made afterward when he successfully developed and marketed the device. The review required the examination of daily experiments, their success or failure, and evidence of novel approaches to various problems. In the end, the review led to the defendant's attorney being satisfied with the outcome of the case.

Citation: Ellner P. 2006. Corporate Disputes, p 101-102. In The Biomedical Scientist as Expert Witness. ASM Press, Washington, DC. doi: 10.1128/9781555816520.ch17
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