Mechanical Intellectual Property Expert Witness
Finding a reliable voice to provide an expert opinion in legal battles concerning intellectual property matters can be tricky. While finding an expert that has knowledge of the particular technology might not be too difficult, finding one that knows the technology and how to write their own reports on the matter and understand the ins and outs of the relevant patent law is another matter. Our experts write their own reports, they know the technology and therefore can testify knowingly about what they have written in their reports. One time we got a call from a headhunter agency asking if we would be interested in being an expert on a suit for which we had already been retained on the opposing side. After the other side’s expert was deposed it was clear that he did not write his own report. It was sooo bad that they decided they needed a new expert. That will not happen with us.
If you’re looking for a seasoned expert to assess your case fairly and provide valuable insights, count on our mechanical engineers at Alpine Engineering. We are a team of licensed specialists with industry experience and knowledge. If we believe that you have a solid case and we decide to assist you with your case, we can help you build convincing arguments for your case.
The Role of an IP Expert in Litigation
In the world of expert witnesses, finding a great intellectual property expert witness is not always an easy task. Of course, you probably know that already, or else you would probably not be on our site. The balance between academic credentials and industry experience and being able to communicate concepts to a judge and jury are always factors when choosing the best intellectual property expert for your case. Most attorneys will agree that the right expert witness can be a major asset to any lawsuit. Finding an expert with the right balance of credentials, experience and communication skills can make or break your case. In IP litigation, an industry expert should take on the role of a teacher and be able to help the attorney, the judge and jury better understand the technical details of the technology and what the IP covers…and also what it does not.
What to look for in an IP Expert
You should look for someone who is credible. If you were looking for advice on a specific subject is this someone that you would include on your shortlist of people to ask for advice? If someone does not have relevant education and experience the opposition will highlight that and discredit them in front of the jury.
The expert should be able to answer any questions that the retaining side might have about the technology, but be able to effectively answer questions the opposing side might pose in a deposition. You should look for an expert who is polished but not too smooth. You want someone who can communicate clearly and convincingly, but who is not too much of a salesman that the jury gets the idea that they are being sold something. This all comes down to experience, knowledge and a belief in what they are saying.
You should look for an expert who will stand their ground, even if that means disagreeing with you on some points. An expert who adopts your viewpoint on everything will not hold up well in trial. The opposing counsel has a heyday with an expert who is not representing facts that they are convinced of.
If you find an expert witness that meets all of these requirements, you have a great expert witness. They will represent you well in court and in many cases can be the deciding factor in a case.
Duties of an Intellectual Property Expert Witness
What happens when someone steals your work? Imagine all those endless days and nights trying to bring your vision to life, only to have another person get credit for it.
A consumer product intellectual property expert witness can provide valuable insights during a legal case involving patent infringement or trade secret theft. They have a deep understanding of engineering and intellectual property laws and can often offer key perspectives and opinions that can help inform a jury or judge.
With their vast knowledge of engineering principles and design concepts, mechanical engineers are uniquely positioned to understand the complex issues at stake in intellectual property cases. Moreover, their testimony can be incredibly persuasive since they can explain complicated technical concepts clearly and understandably. An intellectual property expert witness often performs the following responsibilities:
- Conduct research and testing on the technology in suit and other details of the case
- Formulate opinions based on their research, testing, knowledge, experience and training
- Draft an expert report explaining and supporting their opinions
- Provide testimony in a deposition or trial
Why Choose an Expert from Alpine Engineering and Design?
Knowledge. Our understanding of the technology AND the law allow us to be an invaluable asset to your team. We can assist you in many areas. We know how to do relevant patent searches. On more than one occasion we have found the prior art that invalidated a patent. We know how to find and read patents and file histories. We have assisted with claim construction issues and testified at Markman hearings. We have written scores of infringement reports. We have written scores of invalidity reports. We have been able to see combinations of prior art that would have made the technology obvious along with the reasoning a POSITA would make such combinations. We have also been able to rebut the other side’s opinions with good solid bases. When it comes to intellectual property issues, it’s essential to work with an expert witness who understands the technology and the legal process surrounding the intellectual property rights.
Consistency. Our experts will never take a case that they do not believe in. We value being able to sit on the stand and believe every word that comes out of our mouths. This is part of what makes our experts so successful. If are not convinced of something, we will make that known to you even if it is not what you want to hear.
Experience. Perhaps our strongest point is our experience. We have been retained on 100+ IP cases, 20+ IPRs, Federal Trade Commission (FTC) cases and International Trade Commission (ITC) cases. Our engineers have over 70 patents for various product designs of their own with others pending. Many times our experts have written the first draft of the specification for their patents, done a patent search to understand what had been taught by the prior art and have worked with our attorneys on getting the claims right for the most coverage. Thus, we are familiar with the patent process on an intimate basis. We have been retained on nearly 1000 cases total (IP, product liability, etc.), thus we are not a stranger to being in the courtroom. Combining this rich knowledge with our experience helping individuals and businesses across many scenarios, we have developed a unique skill set that we believe will serve you well.
Great Communicators. Our experts are great communicators. Communication is key when it comes to presenting facts in a court room. We have our own test lab and model shop. We are proficient in performing simulations and making animations so those we are presenting to can more easily visualize the concepts that we are describing. There have been numerous occasions where it has was our testing, simulations or animations that have allowed a judge or jury to understand our position that ended up being the turning point in a case.