But the Prometheus patent is different, the appeals court said, because in the former case the doctor is passively calculating results while under the Prometheus process the doctor has to administer a drug then adjust the dose based on how the patient responds.

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He was trained at Arnold and Porter in Washington and was a partner at Howrey, Swidler Berlin and Dickstein Shapiro, specializing in dispute resolution and insurance, areas that put a premium on calculating what a case would cost to litigate and how much a jury might award in damages at the end.

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That testimony is important for the Jackson case, since if the jury decides AEG is liable in his death, his expected lifespan will be key to calculating damages.

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