Patent Litigation Experts

fg_000022251686Patent litigation expert witnesses are knowledgeable in patent requirements, intellectual property, and patent infringement. They have expertise in patent valuations, duties and standards in licensing, patent related malpractice, and fiduciary duties in intellectual property issues.

In Evidentiary Considerations in PTAB (Patent Trial and Appeal Board) Trials, Birch, Stewart, Kolasch & Birch, LLP attorneys Gerald M. Murphy, Jr. and Lynde F. Herzbach write on the “Weight and Admissibility of Evidence” which administrative patent judges consider.

Because of their scientific background and experience in patent law, APJs are capable of, and strongly inclined to, look carefully at the primary evidence found in the patents, printed publications and the prosecution history of the patent when assessing the strength of a party’s case. Thus, an APJ may view a particular piece of evidence much differently than a district court judge or a jury. Because APJs have such strong scientific training, they are much less inclined to exclude on evidentiary grounds, and are much more likely to weigh the evidence and accord it the weight to which they believe it is entitled.

The USPTO Patent Trial and Appeal Board conducts trials, including interpartes, post-grant, and covered business method patent reviews and derivation proceedings, hears appeals from adverse examiner decisions in patent applications and reexamination proceedings, and renders decisions in interferences.

Hiring the most experienced and credible patent expert witness is crucial in litigation over patent validity and patent  infringement.

Read more: Corporate Counsel, January 26, 2016 and Birch, Stewart, Kolasch & Birch, LLP.


About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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