SAUDI ARABIA Law and Practice Contributed by: Dr Saud Alromi, Mostafa Ihab, Mohamed Ramadan and Saleh Albadry, Mohammed Al Dhabaan & Partners Eversheds Sutherland
Significance Expert evidence is highly significant in the deci - sion-making process, especially in complex technical cases. Court-Appointed Experts The court appointing the expert will specify the time limit for the expert to prepare its report while allowing both parties to submit their com - ments, which is then followed by a final version of the report. After filing the final version of the report, the court can ask the expert to submit oral testimony or address any other points the court sees fit. Court-appointed experts owe a duty to the court to provide impartial and unbiased opinions. Party-Appointed Experts It is not common for both sides to have their own experts as the court will eventually appoint its own expert when needed. However, in very com - plex technical issues, parties appoint experts independently so that they can have a reference when they are working with the court-appointed experts. Khibra Portal Courts appoint experts through the Khibra por - tal, which is a portal operated by the Saudi Ara - bian government and includes a list of registered experts in different fields. Whenever the court decides to appoint an expert in a specific case, it electronically refers the decision to appoint the expert to the Khibra portal while specifying the scope of the expert mission. The Khibra portal will then refer the scope to relevant registered experts while asking them to submit their technical and financial proposals to complete the mission. Once the Khibra portal receives the technical and financial proposals they will send them over to the parties to the case who will be granted the
allows for a finding of infringement even when the accused product or process does not liter - ally infringe the express terms of a patent claim, provided that the differences are insubstantial. The relevant legal test for determining equiva - lence in Saudi Arabia involves assessing wheth - er the accused product or process performs substantially the same function in substantially the same way to achieve substantially the same result as the patented invention. This is similar to the function-way-result test used in other juris - dictions. 1.11 Clearing the Way In Saudi Arabia, there is no legal obligation to “clear the way” ahead of a new product launch. However, it is a prudent practice for companies to conduct thorough due diligence to ensure that their new products do not infringe on existing patents or other intellectual property rights. This practice helps to mitigate the risk of legal dis - putes and potential infringement claims. 1.12 Experts Frequency It is common for Saudi Arabian courts to use evidence from experts to determine issues of infringement and validity in patent cases. Expert evidence is crucial in providing technical insights that the court may not possess. Forms Experts typically submit detailed written reports outlining their findings and opinions. Experts also often prepare reply reports to address points raised by either party. Additionally, experts may be called to testify in court and answer questions raised by the court or either party.
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