Experts

• Author: David A. Allgeyer
• Pages: 53-56

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