Experts

AuthorDavid A. Allgeyer
Pages53-56
53
CHAPTER 8
Experts
As mentioned earlier, one reason that patent litigation is so
expensive is the need in many cases for highly qualified experts,
who will be addressing often-complex issues and data. You may
be able to avoid some of that expense in patent arbitration with
careful planning and consideration. Let’s see how.
TYPES OF EXPERTS
There typically are two likely candidates for experts in a patent
arbitration: a technical expert and a damages expert. It is possi-
ble that the case could involve technical issues of patent prose-
cution procedure or the like, in which case a patent prosecution
expert may be considered. But in most cases that is unlikely.
Technical Experts
Different considerations often come into play in arbitration than
in a jury trial when it comes to technical experts. In many cases,
the real experts in the technology are the inventors or engineers
with one of the involved companies. In jury cases, you may pre-
fer to use a seasoned technical expert who is accomplished at
testifying—perhaps a college professor who has the appearance
of impartiality and impressive credentials. This may not be as
important in arbitration where your arbitrator is likely to be
an experienced patent lawyer or patent litigator. Your arbitrator

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