Patents are governed by a unique, highly specialized body of law. Patent attorneys must pass a special patent bar exam and register with the U.S. Patent and Trademark Office, and patent appeals are handled almost exclusively by a specialized court, the U.S. Court of Appeals for the Federal Circuit. On top of that, “The U.S. may be the only country in the world that uses juries to decide patent disputes.” https://www.oblon.com/A11960/assets/files/News/256.pdf (page 4). Consequently, expert witnesses in patent litigation play a crucial role in educating the jury about the technical aspects of the case in a manner that is accessible and understandable. Here are some of the ways experts assist in patent cases:
Technical Understanding. Patent cases often involve highly technical subject matter, such as scientific principles, engineering concepts, or intricate details of a particular technology. Expert witnesses, who are typically professionals with extensive experience and expertise in relevant fields, help the court and jury understand these technical aspects.
Interpretation of Patent Claims. Patent claims define the scope of protection granted by a patent. Expert witnesses can provide their interpretation of the language used in patent claims, helping the trier of fact determine whether the accused product or process does or does not infringe on those claims.
Validity Challenges. The validity of a patent may be challenged on various grounds, such as prior art or lack of novelty. Again, these are issues that are unique to patent law. Expert witnesses may be called upon to analyze the prior art or provide opinions on novelty, non-obviousness, or other criteria relevant to patent validity.
Damages Assessment. Expert witnesses may also assist in determining the extent of damages in patent infringement cases. They can analyze factors such as lost profits, reasonable royalties, or other economic damages resulting from infringement.
Technical Demonstrations. Expert witnesses may perform courtroom demonstrations to illustrate technical concepts or to support their opinions regarding infringement or validity issues.
In summary, expert witnesses bring specialized knowledge and expertise to patent litigation, helping the court and jury make informed decisions regarding the validity and infringement of patents. I think it’s fair to say that no patent litigation can be successfully pursued or defended without expert witnesses.
