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Current Trends in Patent Litigation and Expert Witnesses

     By HG.org

Litigation due to patent infringement is an ongoing problem, and it tends to rise during certain periods over time. Since 2012, the amount of lawsuits over these issues has been the highest in several decades due to various individuals seeking either the same patents or attempting to reproduce the items of a currently patented creation.
Unfortunately, many cities and local communities are not as aware of what an infringement on a patent means, and this could affect the remedies and damages sought by the inventor. This means that is it crucial for these locations to understand what is necessary to make the right judgment, measuring damages and how these impact the person that invented the creation.

The United States Patent Statute explains that if the plaintiff is awarded damages, these may compensate for the violation of the patented item, but this must be a reasonable amount for the use or reproduction of the creation by the offender with additional interest and costs as considered by the courts involved. Additionally, there may be expert testimony presented on behalf of the inventor to assist in the determination of damages or remedy and what is considered reasonable in these circumstances.

However, experts are necessary so that the judge or jury may understand how much compensation is needed and why it is important to award the right amount. The patent process is usually an expensive one, and the patent only lasts for so many years. Any reproduction or violation is costly and harms the inventor.

Theory and Formula to Calculate Damages

There once was a 25 percent guideline for what is considered reasonable royalties in damages awarded to the patent holder. However, this is no longer the case, and a bargain was struck for what may be deemed fair and just compensation for patent infringement. Some mathematic theories and formulas have been posited for use to determine how much should be provided based on a successful court outcome. These possibilities have not yet become part of the process for violations to patent use or reproduction. However, at least one court in a state in the country has used a bargaining solution to assess the amount in damages that is measured as reasonable monetary allocation for the victim of the incident.

One such difference in determining how much is awarded as reasonable is the inclusion of an expert witness to testify with a scientific backing along with mathematical formula. This would be a check against standard royalty rates that have been considered just and fair. This is important in recognizing that the expert testimony is critical in discovering how much damages should be awarded based on evaluations, formula, methods or the expert conclusion based on the violation that occurred. Even though the court is what provides the judgment, it is the expert witness that is needed to ensure the right amount of funds are received by the patent holder.

Litigation Giants

A trend in litigation issues arising in the 2000s is the conflict between two or more corporations or companies that are large in scope. The lawsuits that occur with them often takes years with millions in damages and court fees. Some of these involve patent issues where one company created a software that was patented and the other either used it or reproduced the same application. In these claims, it is usually a necessity in having an expert witness to explain how damages are needed and how much should be allocated based on the violation. The theory and the solution to the problem must be addressed to resolve the matter.

One topic of claims involves telecommunications companies that fight over with technology belongs to whom and which software programs are permitted to be used by each business. The patent expert witnesses are needed for these cases to explain what theory applies to the case and comparing and assigning appropriate damages to the claim. Some average awards for violations to these patents may reach up to and over $6 million. The critical component to the possible solution to these complications and cases where compensation is required is the domain of the expert witness.

The Patent Expert Witness

While the professional hired for these cases usually provides an understanding about damages, he or she may also explain to a judge or jury panel why the violation is so egregious. The infringement on a patent is often damaging to the financial and economic aspects of the victim. This could lead to further complications.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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