Forensic Engineers In Patent Litigation

Abstract

When Patents Are Challenged In Court, Technical Experts Are Called Upon For Several Reasons. Patent Attorneys Are Engineers, But Depend On Experts To Help Them Understand The Patents In Suit And The State Of The Art At The Time The Invention Was Made. The Ideal Expert For A Particular Case Will Have Worked In The Same Field And Be Familiar With The Technical Literature, Products And Technologies Pre-Dating The Nvention. If A Product Is Accused Of Infringing One Or More Patents, The Engineer Must Be Able To Evaluate The Accused Product With Respect To The Asserted Patent Claims. The Engineer May Review The Patent Application And Prosecution History, Perform Tests, Research Prior Art Patents, Literature, And Products, And Interpret The Language Used In The Patents. Like Other Types Of Forensic Engineering Assignments, Written Reports And Court Testimony Are Often Required. However, Patent Cases Involve Some Unique Terminology And Legal Concepts, Which Will Be Outlined In This Paper.