Expert & Fact Witness Testimony
Ocean Tomo, a part of J.S. Held, has both in-house experts and a wide network of consultants with deep experience as testifying experts. The breadth of knowledge and industry expertise of the team ensures that you have an unbiased, qualified, and appropriate expert witness on the stand. Your case likely doesn’t just need in-depth technical knowledge of an expert witness–you also need an experienced veteran who is objective, professional, and able to communicate effectively in writing, during a deposition, or in front of a judge and jury.
Reach us by email at [email protected] or click the Contact Us button below and one of our experts will contact you shortly. Let us put our technical knowledge to work for your team. We look forward to partnering with you.
Expert & Fact Witness Testimony
When headed to court for IP litigation, you need the appropriate team of legal, technical, and patent experts supporting your case – which often includes the vital role of a testifying expert witness. From our in-house team or our broader network of highly qualified consultants, we can streamline the process to help identify the right testifying expert for your specific questions of patent infringement, patent validity and the PTAB/IPRs, claim construction, and damages.
Infringement/Non-infringement Reports
Typically high-quality, litigation-ready claim charts are central to any infringement or non-infringement discussion. The basic principle of determining whether a piece of technology is infringing a patent is to construe the patent claim for scope and meaning and then compare the claim to the accused product to determine infringement. We understand that infringement of a patent claim requires that each and every claim element must be present in the accused product.
Working with counsel, from the onset of a case our testifying experts can provide technical support and explanations in presenting a case for infringement or non-infringement, when called upon.
Validity Issues
Whether you are challenging or defending a patent, it is important to have the support of an unbiased, independent expert who can evaluate prior art and clearly articulate the state of the art at the time of invention. Our impartial testifying experts have decades of industry experience in various technologies and are proficient in analyzing patents and prior art references for potential issues of validity.
We typically have a technology specialist, e.g., a person possessing ordinary skill at the time of alleged invention, available to speak with counsel at the case outset to establish a framework for our experts’ efficient collaboration with litigation teams which can minimize potential problems and maximize value of the time spent.
Claim Construction Issues
Our testifying experts and litigation support teams have years of experience in supporting hearings on claim construction. These Markman hearings are pretrial proceedings in federal court where each party offers evidence to the judge as to the appropriate meanings of relevant key terms in a patent claim that is alleged to be infringed. Working with counsel, our testifying experts can provide technical support and explanations in claim terms, when called upon. Our experts and litigation support teams have developed presentations, graphics, videos, and demonstrations that highlight key issues and set the tone of the trial.
Technology Overviews
Our in-house testifying experts and network of other fact witnesses are unbiased professionals who can provide detailed explanations as to the technological issues surrounding patent and IP litigation.
Presenting a technological overview at any stage of an IP case is a key opportunity to frame the technical issues and explain to a judge or jury the state of the art at the relevant time. Our experts and litigation support teams have developed presentations, graphics, videos, and demonstrations that highlight key issues and set the tone of the trial.
RE and Testing Witnesses
Sometimes members of our technical teams testify as fact witnesses, rather than as expert witnesses. Our work in Reverse Engineering, as well as our Testing & Lab Services, is regularly used in a courtroom, as we provide independent testing and analysis.
When there are issues of fact—disconnected from questions around infringement or validity, we may be able to report and testify as to the results of independent testing, components identified in RE, and/or functions of certain devices and elements.
Patent Litigation & Licensing Support Services
- PTAB & IPR Administrative Trial Support
- Validity Analysis
- Patent Infringement Analysis
- Reverse Engineering