Vident Partners provides vetted patent expert witnesses for cases involving claim construction, infringement analysis, validity challenges, and damages calculation in technology, pharmaceutical, and biotech patent disputes. Request a referral today.
Find a Patent Analysis Expert →Overview
Patent experts analyze patent claims, prior art, and accused products or processes to provide opinions on infringement and validity. Under 35 U.S.C. § 271, direct infringement occurs when a party makes, uses, offers to sell, or imports a patented invention without authorization 1. Patents are presumed valid under 35 U.S.C. § 282, and the party challenging validity bears the burden of proof 2. Experts must apply claim construction principles—including analysis of the specification under 35 U.S.C. § 112—to determine whether an accused product or process falls within the scope of the claims 3. Non-obviousness under 35 U.S.C. § 103 is a frequent validity battleground requiring expert comparison of the claimed invention against the prior art as it would appear to a person of ordinary skill in the relevant field 4. These experts span industries including technology, pharmaceuticals, biotechnology, medical devices, and manufacturing, and are indispensable in Patent Trial and Appeal Board inter partes review proceedings as well as district court litigation 5.
Under 35 U.S.C. § 271, anyone who makes, uses, offers to sell, or imports a patented invention without authorization is liable for infringement.
Case Types
Patent infringement analysis and claim construction
Patent validity and prior art challenges
Hatch-Waxman pharmaceutical patent litigation
Standard-essential patent and FRAND licensing disputes
Patent damages calculation and reasonable royalty analysis
Qualifications
Related Specialties
FAQ
A patent expert should have an advanced degree and recognized expertise in the specific technical field of the patent, experience interpreting patent claims and prior art, and ideally prior testimony experience in patent cases. For damages testimony, a patent damages expert with economics or licensing expertise may be needed separately from the technical expert.
Patent experts are needed in infringement lawsuits, ITC Section 337 investigations, inter partes review proceedings before the PTAB, patent licensing disputes, and any case where the scope, validity, or infringement of a patent must be established through expert testimony.
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, academic qualifications, technical expertise, 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 patent analysis expert witnesses. Complimentary consultation, 24-hour turnaround, no obligation.
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