Vident Partners provides vetted IP Infringement expert witnesses for cases involving patent infringement, trade secret misappropriation, copyright infringement, technical product comparison, and reasonable royalty damages. Request a referral today.
Find a IP Infringement Expert →Overview
IP infringement experts provide technical analysis comparing accused products or processes against asserted patent claims, copyrighted works, or trade secrets. Under 35 U.S.C. Section 271, patent infringement occurs when a party makes, uses, offers to sell, or sells any patented invention without authority of the patent owner, and the technical expert establishes whether each asserted claim element reads on the accused product. 1 They are retained to opine on infringement, validity, and the technical basis for damages, including the apportionment underlying reasonable royalty and lost-profits theories. Reasonable royalty damages are analyzed under the fifteen Georgia-Pacific factors from Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970), using a hypothetical-negotiation framework. 2 Their work involves claim charts, source code analysis, and product teardowns. The USPTO grants patents under Title 35 of the U.S. Code, and prosecution history from the USPTO record informs expert claim construction. 3 In litigation they translate complex technology for the fact finder and support or rebut infringement and damages contentions.
Under 35 U.S.C. Section 271, whoever makes, uses, offers to sell, or sells any patented invention within the United States without authority of the patent owner infringes the patent.
Case Types
Patent infringement and claim comparison
Trade secret misappropriation analysis
Copyright infringement and substantial similarity
Reasonable royalty and damages apportionment
Technical product and source code comparison
Qualifications
Related Specialties
FAQ
A qualified IP infringement expert holds a relevant technical or engineering degree in the field of the asserted technology and has substantial industry experience in product development, design, or research in that domain. They should be familiar with patent claim construction, infringement analysis, and reasonable royalty damages methodology, with prior deposition and trial testimony in intellectual property litigation.
Cases involving patent infringement and claim comparison, trade secret misappropriation, copyright infringement and substantial similarity, reasonable royalty and damages apportionment, and technical product or source code comparison frequently require an IP infringement expert to provide the technical analysis underlying liability and damages.
In general, intellectual property expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are professional experience, forensic experience, technical credentials, industry specialization, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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Vident Partners connects attorneys with qualified ip infringement expert witnesses. Complimentary consultation, 24-hour turnaround, no obligation.
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