Consulting and Testifying Experts and Expert-Based Support of Patent Litigation
Litigation Support Services
IP professionals understand that portfolios of patents are commonplace and they require detailed examination of competitors, acquisition targets, and internal assets.
The primary purposes of most portfolio analyses include: gap and white space identification, potential infringements, and portfolio optimization and diversity.
Technical consulting requires absolute expertise in the specific technology area a project relates to. Our experts are leading their industries through their work with patents, their education, and their extensive work histories. We provide services in software, hardware, and firmware. But, it is our ability to bring leading experts from multiple backgrounds – including engineering, finance and law – that sets us apart.
A patent claim chart is commonly used in U.S. Patent infringement litigation. The claim chart is basically a visualization of all of the information analyzed in a patent claim. The purpose of a claim chart is to determine if any infringement has occurred.
We provide sample patent claim charts and explain our process in an 8-minute tutorial if you would like more details.
At the heart of GHB Intellect’s core competencies in the area of intellectual property is reverse engineering. We have the capability to reverse engineer circuitry, software/firmware code, systems, networks, and protocols. GHB Intellect uses highly specialized laboratories (Electronics, RF/Antenna, Electron Microscopy, Emulation, etc.) as well as state-of-the-art test equipment for reverse engineering purposes.
Subject Matter Expertise for Patent Infringement Analysis
We pride ourselves in the quality of our work, which primarily stems from the unparalleled technical expertise of our team. GHB Intellect’s intellectual property experts pay utmost attention to IP news developments and leverage extensive experience and expertise to provide top-notch advice. Our SMEs are highly credentialed, usually with PhDs and a multitude of publications and patents. These experts have also worked in their respective industries or standards bodies for decades. They have had substantial experience in IP analysis and working directly with patent attorneys.
Technical experts for litigation support, like those of GHB Intellect, come in two general types: consulting experts and testifying experts (expert witnesses). Both require a high degree of technical knowledge and experience in the technology or scientific field of the matter.
Getting the Right Type of Support
To be effective in a deposition or a trial, a testifying expert needs to also possess certain personality traits and experiences that allow her/him to be comfortable and confident in an adversarial setting. Frankly, not every SME, no matter how technically-brilliant and experienced, has what it takes to be a competent expert witness. At GHB Intellect, we are very keen on properly vetting our experts for litigation support. This includes both technical and personality evaluations.
If an SME is not the best fit to be an expert witness, we inform our clients up front. In such cases, we usually recommend the use of that expert in a consulting role instead. In many cases, we recommend a pair of experts for a litigation case; one as a consulting expert to do the majority of heavy lifting behind the scenes (at a lower cost), and the other as an expert witness who would review and use the consulting expert’s analyses, experiments, or findings in order to articulate a formal expert report or testimony in the case.
Consulting Experts are Highly Effective in Pre-Litigation Tasks:
The Key to a Successful Trial Outcome
The single most important success metric that we have witnessed through our many years of experience is the ability of an expert and attorney to establish a meaningful relationship. The relationship between GHB Intellect experts and the counsel typically begins with a phone call from the attorney. The assigned project manager acts as the primary expert in that technology area, but may work with an entire team of experts depending upon the complexity of the case. The initial conversation consists of a discussion of potential conflicts of interest and whether the case is a suitable fit for both parties. Topics like fees, confidentiality agreements, and review are the following steps after the scope is clear.
Usually, there is a review process where the counsel compares the expert’s credentials to other potentially useful experts. Once our firm is officially hired by the litigant, the real work begins. Disclosure of expert names are required in most jurisdictions. However, that does not mean that the litigant must continue to utilize the expert’s services throughout the case. Once declared, experts can still be reached by the opposing counsel. This makes it important to determine the value of the relationship as early as possible.
Some relationships start with an attorney who is set on understanding as much of the technical aspects of the case as possible. Others prefer to leave that knowledge to the experts. As Dorothy Leonard explains, in the Harvard Business Review, “lack of time or resources can, of course, constrain knowledge transfer.” Experts can have differing perspectives on their roles as well. Some experts have finished their long careers and are now leveraging that knowledge as full time expert witnesses. Other experts currently still work in their field of expertise and are available for expert testimony when necessary.
The last vital thing to remember about ensuring high quality patent infringement analysis, and a successful outcome, is the fact that any notes written by an expert for himself or the attorney are subject to discovery. So, it becomes very important to understand what should be written on paper and what should remain off the table at discovery. There are many ways that writing is strategically used by an expert to impact a case. The critical piece is to make sure that both the attorney and expert are on the same page with what that strategy is.
A Technology & Efficiency Approach
GHB Intellect is well-equipped to provide services for technical assessment, patent litigation, pre-litigation and inter partes review (IPR) cases. We rely on our comprehensive cadre of hundreds of highly experienced and skilled experts in various technical and scientific fields. Extensive experience in managing litigation support allows us to create an efficient process of speed and accuracy to gain the results our clients have come to expect.
We maintain high-tech laboratories with the ability to dissect cases with the most sophisticated RF, digital, electronics, software, electron-microscopy, and other equipment/tools. Our network of sources and suppliers in a vast array of high-tech industries allows us access to all sorts of products, components, and systems.
Please refer to our Litigation Expert Witnesses to further examine the caliber of our SMEs.