Eye Expert Testimony for Patent Litigation

Eye expert testimony for patent litigation is often needed in lawsuits involving patent infringement.  A qualified eye expert may testify when relevant issues fall within the scope of his experise.  Often in patent litigation, a party that posesses a patent will bring suit against another party on the grounds of infringement of a patent owned by the first party.  A qualified eye expert may provide useful information regarding how the devices are implemented.  Importantly, an eye expert may also show the similarities and differences between the devices.  Skilled, objective testimony from a qualified eye expert that is persuasive and enlightening are desired traits patent attorneys desire for patent litigation for ocular devices.

Eye experts who provide testimony for patent litigation generally receive the legal complaint, an array of relevant patents, patent file histories from the patent prosecution, pertinent prior art materials and patents, depositions, narratives, and depositions.  Advertising material may also be included in the material sent to an expert for review.  The eye expert carefully reads the material in an objective and questioning manner to understand the issues and arguments that have been submitted for litigating a patent.

An eye expert is usually required to submit a report by a deadline that is determined by the court.  The report describes pertinent issues, the background of these issues, the opinions of the eye expert, and the basis of these opinions.  A currculum vitae is usually included in the report as well as other exhibits that are associated with the report. 

A patent has several sections that include introduction to the art, the necessity for the invention, a detailed description of the invention and its method of operation, discussion that compares the invebntion with prior art, and a claims section.  The claims section is the heart of a patent since it details those features the inventor claims are unique to his invention.  The meaning of the claims are defined in the specification section of the patent.  Although all sections of a patent are important, the essential basis of patent litigation involves the claims section.

The patent application is compared with the actual manufactured device to see if all or am portion of the claims are suitably represented in the final product.  A party that claims that the product of another party infringes on their patent must do the same analysis.  The devices are compared and tested to determine if the subject invention (also known as the accused device)  is covered in whole or in part by the invention of the second device.   Infringement may be literal when the claims that descrive the device overlap with the claims of the accused devise.  Infringement may also fit under the doctrine of equivalents when the accused device or its process, performs in a way that is substantially the same as the device in the claimed invention.  Invalidity of a patent may be argued when an invetion was obvious, not unique, or was susbtantially described in an earlier invention, or when the specifications lack adequate detail that supports the claims of the invention.

Eye expert testimony for patent litigation helps the parties in a patent lawsuit understand and compare devices.  Judges and juries rely on credible testimomy from a qualified eye expert to make fair and reasonable decisions.

Michael Reynard, M.D. has a portfolio of patents related to ophthalmic devices and has testifed in patent litigation.  Several of his patented devices for eye surgery have received FDA 510K approval.

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