SOFTWARE PATENT EXPERT WITNESS CONSULTING AND TESTIMONY

For software patent expert witnesses in litigation cases involving apps, programs and computer technologies, commentary is often crucial for deciphering complex technical details and establishing key legal determinations. Therefore the computing, networking and IT industry’s best software patent expert witnesses are sought after to analyze and opine on a range of issues core to these intellectual property disputes.

1. Claim Construction – Before assessing infringement or validity, the actual scope of a software patent’s claims must be properly construed. Leaders closely examine claim language, specifications, and file histories to define what the claims cover in terms of functionality, methods, systems, etc.
2. Prior Art Identification and Evaluation – To invalidate patents, prior art references showing an invention was previously known or obvious must be presented. Top software patent expert witnesses exhaustively investigate and evaluate any relevant prior art publications, products, or public uses that could impact patentability.
3. Evidence of Nonobviousness – Even if an invention was novel, patents can be invalid for claiming obvious modifications that failed to be a non-trivial, innovative step forward for skilled software practitioners. Advisors analyze distinctions asserted as nonobvious improvements.
4. Analyzing Technical Teachings – For enablement challenges questioning if patent specifications provided sufficient technical instruction for the full scope claimed, leaders scrutinize references and outside knowledge to determine if an enabled embodiment was possible.
5. Establishing Infringement or Noninfringement – At the crux of most cases, software patent expert witnesses opine on whether accused products or processes meet all claim limitations through literal infringement analysis or infringement under the doctrine of equivalents… or clearly avoid infringement.
6. Dissecting Source Code – For patent cases involving software implementations, third parties often perform in-depth code reviews to identify core functionalities, data flows, and technical architectures that either map to or disprove satisfaction of asserted patent claims.
7. Calculating Damages – Also you’ll note that software patent expert witnesses are called upon to weigh in if reasonable royalty damages are awarded based on analysis of market data like standard licensing rates, profitability metrics, and other economic factors related to the infringed patent(s).

Whether explaining complex computing technologies, interpreting claims, investigating prior art, or quantifying financial impacts, testimony from credentialed software patent expert witnesses experts is indispensable for reaching appropriate legal judgements in these high-stakes cases.