What an expert witness does during patent litigation
In patent litigation, an expert witness plays a pivotal role in clarifying technical aspects of the case for the court and jury. These professionals, often with deep knowledge in specific fields, are tasked with providing impartial insights into complex technical issues that underlie the patent dispute. One of the primary responsibilities of an expert witness is the preparation of expert reports. These documents offer a detailed analysis of the patented technology in question, comparing it with the accused product or process to ascertain infringement or validity. The report must be meticulously prepared, as it forms the foundation of the expert’s testimony and can significantly influence the litigation’s outcome. Expert reports not only need to adhere to legal standards but also be accessible to those without a technical background, ensuring that the nuances of the patent claims and the technology are fully understood by the legal teams and the court.
Depositions are another critical aspect of an expert witness’s role in patent litigation. During depositions, the expert is questioned under oath by attorneys from both sides. The purpose is to explore the expert’s opinions, the basis for those opinions, and the methodologies used in reaching them. Depositions serve multiple functions: they allow attorneys to assess the strength of the expert’s report, prepare for cross-examination at trial, and identify areas of weakness in the opposing party’s case. For the expert, this is an opportunity to demonstrate the reliability and credibility of their analysis, which can be pivotal in persuading the court or facilitating a settlement between the parties.
Finally, trial testimony is where the expert witness’s contributions culminate. In court, the expert presents their findings and opinions directly to the judge or jury, translating the complex technical language of patents into understandable terms. This testimony is crucial in helping the finder of fact make informed decisions about the technical aspects of the patent claim, such as whether the patent is valid and has been infringed upon. The effectiveness of an expert witness at trial often hinges on their ability to communicate complex ideas clearly and convincingly, while withstanding cross-examination by the opposing counsel. Through their expert reports, depositions, and trial testimony, expert witnesses provide a bridge between the intricate world of patent technology and the legal principles guiding patent litigation, ensuring that decisions are informed by sound technical knowledge.
Dr. Chris Daft has testified in 14 depositions and at 5 trials.
- Extensive Intellectual Property experience including patent development, analysis, licensing, and strategy.
- Serial inventor who holds 27 patents with 20 applications pending.
- Diverse industry experience with multi-nationals such as GE, FUJIFILM, Qualcomm, Medtronic, Samsung and Siemens as well as numerous start-ups.
- Winner of grants from the National Institutes of Health and DARPA.
- Extensive international consulting experience.
- IEEE Senior Member since 2004.
- Three years’ experience teaching electrical and computer engineering.
- Holds BA and MA in Physics from Oxford as well as Doctorate from Oxford in Materials Science.
- Expert Witness Curriculum Vitae available here.