The expert opines on whether the accused product meets claim limitations, whether prior art discloses or renders obvious the claims, and defines the person of ordinary skill. Qualifications must match the relevant technology.
The expert applies the court's claim construction.
Alternative Names:
Patent Technical Expert|Infringement Expert
Why it Matters?
Applying a construction other than the court's is the most common basis for exclusion, since an expert whose infringement opinion rests on an alternative claim interpretation offers testimony the jury cannot use, and reviewing expert reports against the Markman order is a routine check. Ordinary skill level definition also affects obviousness materially and is frequently contested through competing expert characterizations.
Frequently Confused with
Related terms
Frequently asked questions
What is the most common exclusion basis?
What else is heavily contested?
