It is (iii) which remains the critical area and which, though not seriously under
challenge in Kennedy v Cordia, was directly addressed by the court: «[51] Impartiality and other duties: If a party proffers an expert report which on its face does not comply with the recognised duties of a
skilled witness to be independent and impartial, the court may
exclude the evidence as inadmissible.»
«Where the validity of a patent is
challenged on the basis of an alleged unfulfilled promise, the patent will be construed in favour of the patentee where it can reasonably be read by the
skilled person as
excluding this promise.»