Eye Expert Witness for Intellectual Property

posted in: Intellectual Property

An eye expert witness who is able to provide clear analysis of intellectual property may be invaluable for the litigation process.  Evaluation of patents and other forms of intellectual property can be complex.  The jury and judge rely on an expert when interpreting complicated technical information and making it comprehensible to a lay jury.

An expert witness often uses illustrations or video presentations to explain key points.  Members of a jury may prefer visual explanation over detailed verbal description.  When visual descriptive are used, the eye expert witness may be asked to interface with a technical designer to create clear and convincing presentations.  In the field of ophthalmology, presentations that show side by side similarities or differences of products and their patent claims may be very useful.  Expert witnesses are valuable when they are able explain a perceived gap between accused technology and an existing patent.

Eye experts often use plastic models to show pertinent eye anatomy, the function of a device and issues regarding potential infringement in terms that a lay person may readily comprehend is important.  Models are particularly useful because they have a three-dimensional aspect.

The manner of delivery of an eye expert witness is a key consideration.  It is important that the expert provide testimony that is not condescending or offensive since trust and credibility are essential traits of an effective eye expert witness.  Juries prefer logical explanations that are delivered without bias or constraint.

Prior art is often an issue with intellectual property litigation.  Experts who are familiar with past literature or who have personal experience with prior art can be indispensable when these issues are explored.

Knowing the really important issues is obvious but often overlooked in the litigation process.  Eye expert witnesses are often able to focus in key issues when the litigation becomes diverted into tangents without meaning.  On cross-examination it is important for an expert witness to fulfill an obligation to be truthful and direct.  In doing so an expert maintains credibility with the judge and jury.

An eye expert witness can provide a valuable service to the process involved in litigating intellectual property.  The jury and judge appreciate an effective eye expert that is able to communicate key ideas and direct them in the proper direction.