WHAT IS PATENT INFRINGEMENT?
Before coming to the topic of choosing patent infringement analysis experts, we must be well versed with the concept of patent infringement. It is the commission of an act that is prohibited as to an invention that is patented. Whenever anybody wishes to use a patented invention, the permission of the patent holder is necessary. The permission is typically granted in the form of a license. Now, the definition of patent infringement may vary from region to region, but it usually always includes selling or using a patented invention without the permission of the patent holder.
Also, the using or selling must be intended for commercial use and to derive profit from the same. Thus, patent holders employ the services of patent infringement analysis experts so that their invention is safe and protected from potential infringers. It is also noteworthy to point out that the scope of the patented invention is defined in the claims of the granted patent by the Patent Authority of the country.
In other words, the public is not allowed to use the patented invention that falls within the claims of the granted patent without the permission of the patent holder. So, a party which imports, sells, uses, manufactures or offers for sale patented technology without the permission of the patent holder during the term of the patent and within the country that issued the patent, is said to have infringed the patent.
HOW TO CHOOSE PATENT INFRINGEMENT ANALYSIS EXPERTS?
Patent Infringement Analysis Experts are those experts who serve the patent holder during their patent infringement litigation. Their main functions include the investigation of complete facts and issues that are linked around each individual case, assisting the judge and jury in understanding technical issues and assisting in developing the case strategy.
Commonly, a patent infringement analysis expert is usually engaged for the purpose of providing opinions and testimony in a case so that everyone can finally arrive at the ultimate legal issues which need to be decided in the case. In a typical patent infringement suit, both parties hire one or more “technical experts” for providing their opinion on invalidity of a claim and the infringement of the patent and a “damages expert” for providing opinion as to how much damages must be claimed due to the infringement and litigation expenses.
A “technical expert” is a person to give their opinion on various technical issues such as construction of the claim, invalidity of the claim, and infringement of the patented invention and the level of skill in the art at the time of invention.
These experts have life-long experiences which relate to the specific technology used by the patent or the general scientific field upon which the patent is made. In addition to technical experts, it is also advisable to hire other experts to provide additional support in your case as it can be a huge benefit for your case. For example, a source code expert or testing expert may provide additional analysis or opinion for the technical issues of a case.