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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.
• 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.
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Expert Billing Rates, The Expert Advisor
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This page contains a single entry by Chris Crone posted on April 25, 2008 9:29 AM.
Local or Nationwide: The Right Expert Witness Might Be Just Around the Corner was the previous post in this blog.
10 Tips for Prevailing in Depositions, Trials is the next post in this blog.
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