10 Oct EXTENDED REALITY EXPERT WITNESS TESTIFYING CONSULTANT: EXPERT TESTIMONY & REPORTS
Like extended reality expert witness testimony providers and testifying consultants remind, XR technologies – e.g. solutions like virtual reality (VR), augmented reality (AR), spatial computing, and mixed reality (MR) offerings – continue to evolve and penetrate various industries, their presence in legal proceedings is growing. An extended reality expert witness provides crucial insights in cases involving such cutting-edge technologies. We consider areas where advisors’ expertise is often called upon.
- User Experience and Safety – Consultants evaluate the user experience and potential safety hazards associated with XR applications. Top extended reality expert witness consulting leaders assess factors such as motion sickness, eye strain, and physical accidents that may occur during use. In legal cases involving injuries or health issues related to such experiences, the provider’s opinion on design choices, safety measures, and user warnings can be critical. Leaders who are extended reality expert witness generally analyze how factors like frame rate, field of view, or haptic feedback affect user comfort and safety.
- Technical Performance and Functionality – Consultants on XR technologies provide detailed analyses of system performance, including hardware capabilities, software efficiency, and overall functionality. Leading extended reality expert witnesses opine on issues such as latency, resolution, tracking accuracy, and rendering quality. In cases where XR systems are alleged to be defective or underperforming, the expert’s testimony can help determine if the product meets industry standards and marketed specifications.
- Intellectual Property and Patent Disputes – As the market expands, patent infringement cases and intellectual property disputes have become more frequent. The best extended reality expert witness weigh in on these cases by providing technical analysis of the technologies in question and may compare specific features, algorithms, or hardware designs to determine if infringement has occurred. Expertise is also valuable in assessing the novelty and non-obviousness of XR-related patents in validity challenges.
- Privacy and Data Security – New technologies collect vast amounts of user data, including biometric information, movement patterns, and even room layouts. Celebrated extended reality expert witnesses evaluate the privacy implications and security measures implemented in XR systems and opine on data collection practices, storage methods, encryption protocols, and potential vulnerabilities to hacking or unauthorized access. Testimony can be pivotal in cases involving data breaches or allegations of privacy violations.
- Industry Standards and Best Practices – Pros provide insights into evolving industry standards and best practices. Leaders testify on whether a particular XR implementation adheres to established guidelines for accessibility, interoperability, or content moderation. In cases involving professional misconduct or negligence in XR development or deployment, the expert’s opinion on industry norms and expected practices can be crucial.
Commentary by extended reality expert witnesses typically spans a wide range of technical, safety, and ethical issues, making their testimony important in many types of legal proceedings involving XR technologies.