Posted by Chris Crone on April 25, 2008 9:29 AM |Permalink|TrackBacks (0)

by Lisa Fields

Your client believes that a competitor's new product infringes upon its patent. You need to find an expert witness to determine whether or not the allegations are true. How can you find a top quality expert with the specific knowledge you need?

Dennis Crouch, an Associate Professor of Law at the University of Missouri, recently conducted an analysis regarding patent litigation.  His findings indicate that our fictional product infringement description above is a very real problem for many practicing patent attorneys.  He observed that the number of patents being litigated has substantially increased over the last 20 years. "More complaints are being filed and more patents are being asserted with each complaint."    

One way to help ensure that your patent cases reach a successful conclusion is to seek help from an expert witness referral firm such as Round Table Group (RTG).  Round Table Group fulfill requests for patent experts more often than any other type of expert, says RTG's Nick Zafran, who has been researching and compiling the company's extensive billing data.

RTG's research has shown that patent experts bill for more hours than any other category of expert witnesses. "A medical expert often reviews a single person's medical file," says Zafran, "but for patent experts, there can literally be hundreds or thousands of pages of documents to review."

Top-four fields and their rates

When seeking a patent expert, consider billing rates for the top-four fields:

1.    Computer scientists.

They examine computer systems, Internet protocols, software source code and operating systems--and earn an average of $425 per hour, according to Round Table Group data.

"They're the most in demand, and the stakes involved in these cases are a lot higher," says Zafran, "so they feel that their rates can be higher."

2.    Biomechanical engineers.

These experts review cases dealing with medical devices like heart valves and stents and earn an average of $386 per hour. "It's a very big area now, especially for us," says Zafran.

3.    Electrical engineers.

They consult on cases that involve electrical devices, among them circuit boards, semiconductors and electronic power systems. These experts earn an average of $353 per hour, according to RTG data.

4.    Mechanical engineers.

Cases typically involve mechanical devices such as pulley systems or automotive components, and engineers earn an average of $291 per hour.

Technical jargon translation

Patent cases usually settle, says Zafran, but attorneys nonetheless seek experts who can translate technical jargon into layman's terms. Round Table Group can make this step of the process easy.

"We can set up a phone interview so an attorney can get a sense of how well someone speaks," says Zafran. "If you went to one of the standard free lists to find an expert, you're not going to get that."

Attorneys also seek experts who have some--but not too much--experience. "They prefer experts that have specific expertise without appearing to be a hired gun," says Zafran.

"Finding someone who has experience with your product who doesn't go from case to case is hard to find on your own."

It is important to note that expert services firms commonly present a rate higher than what an expert demands. The amount varies but is typically around $100. In exchange for this, expert services firms locate and vet hard-to-find experts in all specialties. These experts, at the top of their field, are often not listed on any free "expert" databases.

Predictions for expert billing rates

This concludes The Expert Advisor's series on expert witness billing rates, but we'd like to leave you with a forecast for the future of the topic at hand.

The following trends should surface in the coming months or years, according to Round Table Group research:

•    Billing rates should start moderating.

Expect expert witnesses' rates to stabilize or even drop slightly, says Zafran. The main reason? "Competition for jobs," he says. "That's going to keep rates where they are or bring them down a bit, across all categories, except maybe very high-end surgeons with specific expertise."

•    Lending experts will be in demand.

More litigation surrounding mortgage lending should surface in the near future, says Zafran. "Experts who at one time worked in high-level lending positions are going to be fairly high in demand," he says.

To learn more about expert witness billing rates, or to source an expert witness for a case, get in touch with Round Table Group by calling 312-280-1930 or emailing expertadvisor@roundtablegroup.com.

Posted by Chris Crone on April 25, 2008 9:24 AM |Permalink|TrackBacks (0)

by Lisa Fields

When seeking an expert witness, should you set your sights on someone local, or should you search nationwide? Of course, there's no right answer: Your decision will vary depending on the details of your case.

Regional or Nationwide: How do you decide?

Distant experts can be just as accessible as regional ones, says Round Table Group's Aaron Yoho, because "there's been a change in the way that people conduct business.  People take flights daily for their jobs, so it's not out of the realm of reason for experts to travel to see their clients."

Money might not be a factor, either, Yoho says, since faraway expert witnesses often don't charge more than regional ones--except those from major metropolitan areas.

But, there are reasons beyond money or accessibility for choosing an expert witness in your immediate geographical area.

Consider the following points to determine whether geography makes an impact on your case:

Narrow your search to your geographical area if:

Having someone closer to the scene would be an advantage.

"If it's an engineering case, the expert may want to look at a bridge or building in person instead of relying on pictures," Yoho says.

Juries in your state prefer hometown experts.

"Some jurors perceive expert witnesses from different locations as condescending," says Round Table Group's Phil Davis. "If you choose expert witnesses with local flavor, the juries may relate to them better."

Rules require that expert witnesses are from your region.

"A law in Tennessee states that you have to be a resident of Tennessee, or a contiguous state, if you're going to testify," says Yoho.

"There are also instances where the expert witness needs to have a state's professional engineering license to understand the regulations of a case."

Search for your expert nationwide if:

There's no concrete reason why the expert would have to be local.

"The vast majority of expert witness' work gets accomplished in their own offices," says Yoho. "If they need to go on location, the cost is of no consequence in the long run, considering how inexpensive it is to fly nowadays."

You seek someone with credentials from a notable university.

"In a medical malpractice case, a jury might like someone from Johns Hopkins better than just a local hospital," says Yoho.

Limiting Scope Can Be Daunting

Finding an expert witness on your own can be time-consuming and difficult, especially if you limit yourself to a tiny geographical region, or you're not sure where to start when searching on a nationwide scale.

"We find experts all day every day," says Yoho, "so we're much more expedient and efficient. Our network leads to our success. There's a lot of overhead for attorneys to make the connections we have, and for them to do it four or five times a year, it's not worth their time."

Round Table Group is well-versed in regional and national searches for expert witnesses. "If you're limited by local rules and regulations, we understand those kinds of searches," says Yoho. "If you're looking on a wider scale, we search in a way that makes sense for you: Most of the researchers at Round Table Group start at your location and spiral outward from there. We pride ourselves on finding the best experts."