You need all the help that you can get in patent infringement cases. You need evidence and a strong argument to show that someone else is profiting from the use of your intellectual property. A California sporting goods patent lawyer from our firm can help you do that. One way we help clients is by connecting them with expert witnesses who can help them bolster their cases.

What Are Expert Witnesses in Patent Cases, and Why Do They Matter?

Expert witnesses are people with a knowledge and background that gives them a certain authority when talking about specific subjects. These witnesses don’t just know what they are talking about; they are also able to break down this information for the average layperson. If you end up trying your case in front of a judge and jury, this means that these expert witnesses are able to talk right to the jury and make them understand what’s at stake.

Unlike the typical witness, they didn’t need to see anything involving your case before they could testify. They don’t have to say that they witnessed someone infringe on your patent, for example. Instead, they are just an observer who has the knowledge to look at your situation and testify about whether or not your claims seem valid. As such, their testimony can:

  • Clarify whether or not infringement occurred
  • Explain the operation process of a product or invention
  • Contextualize damages and commercial impact

Because most jurors do not have the necessary technical background to understand the patent process, expert witnesses play a significant role in these matters.

What Types of Expert Witnesses Are Common in Patent Infringement Cases?

It’s important to understand that there are a number of different expert witnesses you may rely on during your patent case, based on the type of alleged infringement.

Technical or Engineering Experts

These individuals have a specialized understanding of the application and technical aspects of different patents. As such, they can:

  • Compare technology
  • Interpret language and industry terminology
  • Provide opinions on whether or not infringement occurred
  • Explain whether or not the differences are significant in terms of infringement analysis

Prior Art and Patent Validity Analysts

These individuals can help review prior references and help challenge any claims of invalidity by the defense. Additionally, they can help evaluate obviousness issues and explain whether or not the claimed features existed prior.

Economic and Damages Experts

Economic experts play a significant role in these cases, as they can help determine lost revenue, royalties, and other financial impacts associated with patent infringement. Their role is to:

  • Evaluate the impact the infringement has had on the market
  • Analyze lost profits and licensing value
  • Explain how the infringement has impacted sales and positioning
  • Provide the court with structured damages models

How Can Expert Witnesses Help With My Case?

It can be tough to explain complex topics to an audience of regular people. If you are well-versed in your technology but bad at breaking it down for folks outside of your field, then expert witnesses can be invaluable. They can make it clear what is at stake, and present opinions to help the judge and jury understand whether or not your patent has been infringed upon through their experience and professional methodology.

Even if your lawyer deploys expert witnesses, a jury is also more likely to see them as neutral. They are just an expert in their field, weighing in on a conflict. If you say that your patent was infringed upon, that’s one thing. If an “expert” says that your patent has been stolen, then that might carry more weight with a jury. In addition, an expert witness can:

  • Help your counsel identify important evidence issues
  • Assist in the trial preparation process
  • Prepare reports when necessary
  • Support arguments with professional methodology

You should keep in mind that expert witnesses are not a silver bullet, though. You still need other evidence of patent infringement. It’s also important to remember that you will have to tell the opposing party about your expert during the discovery process. This can give the defendant’s lawyer time to research and come up with ways to attack the credibility of your witness.

What Qualities Should You Look For in a Strong Expert Witness?

If you are seeking the assistance of an expert witness for your case in Southern California, you should consider:

  • Their ability to remain objective and neutral
  • Prior publications and industry recognition
  • Experience in testifying or administrative proceedings
  • Their communication skills
  • Their reputation and demonstrated expertise in the subject matter

What Are the Limitations and Risks of Working with Expert Witnesses?

First and foremost, despite the fact that an expert witness can have a considerable impact on the outcome of your case, it’s important to understand that these individuals are not lawyers. While they can testify on your behalf, they cannot offer legal advice or represent you in court. Additional limitations include:

  • Inability to replace technical evidence
  • Opposing counsel’s ability to challenge methodology, assumptions, and qualifications
  • Their testimony must be supported and defensible
  • There must be an advance disclosure of the expert’s identity

Schedule Your Consultation with an Orange County Patent Lawyer

If you believe that your patent is being infringed upon, contact Burns Patent Law. We can answer any questions that you have and help you deploy expert witnesses who can help you make your case. We are ready to fight alongside you as you defend your intellectual property. Contact us today to learn more.