You need to find an expert witness to determine whether a competitor's new product infringes upon its patent. How can you find a top quality expert with the specific knowledge you need?

Dennis Crouch, associate professor of law, University of Missouri, recently conducted an analysis regarding patent litigation.  His findings indicate that our fictional product infringement 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," he notes.

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 fulfills 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 witness. "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 an IP expert witness, consider billing rates for the top-four fields:

1. Computer Science Expert Witnesses - 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 Engineer Expert Witnesses - 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 Engineer Expert Witnesses - 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 Engineer Expert Witnesses - Cases typically involve mechanical devices such as pulley systems or automotive components, and engineers earn an average of $291 per hour.

Technical jargon translation

IP 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 go 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 who have specific expertise without appearing to be a hired gun," he adds. "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 service firms commonly present a rate higher than what an expert demands. The amount varies, but is typically around $100. In exchange for this, expert service 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.

Expert witness billing rate predictions

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. 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, predicts 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 notes.
 
This article was written by RTG contributor Lisa Fields.
Patently O, patent law blog, Published March 17, 2008: http://www.patentlyo.com/patent/2008/03/patent-litigati.html

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