Scientific Practice in the Courtroom: The Construction of Sociotechnical Identities in a Biotechnology Patent Dispute

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Abstract
This paper analyzes expert testimony from a patent dispute involving two California biotechnology companies. This case provides us with an opportunity to study “science” and “law” as they interact, instead of contrasting them as separate, although parallel, practices. In the court, “science,” which usually bears the marks of objectivity and certainty, appears uncertain and subject to interpretation. Through an examination of the representations made by scientific witnesses during the trial as to the origin, novelty, and non-obviousness of the disputed object of discovery, we show that, while one might expect “technical” arguments to play a central role in the proceedings, “social,” “historical,” “economic,”or “philosophical” arguments are coextensive with and constitutive of the “technical.”

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