The long - term impact of this statement will need to
observed, to see whether PTAB rulings on factual
issues are given preclusive effect
in subsequent federal court
litigation.
«I conclude that a witness with special skill, knowledge, training, or experience who has not been engaged by or on behalf of a party to the
litigation may give opinion evidence for the truth of its contents without complying with rule 53.03 where: the opinion to be given is based on the witness's observation of or participation
in the events at
issue; and the witness formed the opinion to be given as part of the ordinary exercise of his or her skill, knowledge, training and experience while
observing or participating
in such events,» wrote Justice Janet Simmons on behalf of the court.