Intellectual Property

Product Design Expert Witness Services

Making the Technical Understandable. With so many similar products on the market nowadays, proving or defending against a patent infringement claim often requires significant technical expertise in addition to legal expertise. An insightful product design expert witness can be pivotal in building a strong case and communicating technical details in simple, understandable terms.

Analysis and Insight

The factors that make a design or process protectable through a patent are highly technical. It can be difficult to prove patent infringement or theft of trade secrets, or to defend against claims that a product is infringing. The information necessary to determine the strength of a case, build an argument, and, if necessary, tell your product story to a judge or jury in language that can be understood requires expert insight into both product design and the patent process.

Experience Counts

Eric P. Rose has 35+ years’ experience in product innovation, product development, and manufacturing in the consumer, medical, and industrial product industries. His experience spans a wide array of manufacturing processes and materials including plastics, metals, and more. His understanding of the patent process and of what may constitute infringement of either design or process is based on his work as:

  • An Inventor: As a former corporate innovator, Eric is listed as an inventor on over 50 patents worldwide in the consumer, healthcare, and industrial product markets.
  • An Entrepreneurial Consultant: Eric has worked with entrepreneurs to bring novel products from concept to reality, helping them successfully create patentable, marketable products that avoid infringing on similar work.
  • A Patent Prosecution Advisor: Eric has worked with patent prosecutors for over a decade, ensuring IP clients’ work is not only marketable and technically feasible, but also has a high likelihood of being protectable. This work has included creating design-arounds based on IP counsel prior art findings, writing invention disclosures to ease IP client patent filings, and facilitating IP licensing through market research and license pitching.

IP Litigation Consulting & Expert Witness Services

When a potential court action hinges on understanding if a product is infringing or not, hiring an expert to ascertain the facts can prevent costly legal missteps. Whether you’re representing a party claiming infringement or one accused of it, Eric P. Rose can help you ask the right questions to gain a clear understanding and shape a compelling case through:

  • Analysis: Looking at the product design and its surrounding facts. Helping assemble and/or request proper documentation. Doing teardowns and photo documentaries of the product. Comparing defendant and plaintiff product designs. Asking questions that can guide discovery or illuminate further issues not previously considered.
  • Expert report: Producing a written report that lays out findings comparing the claim to the disputed product and documenting evidence in language accessible to a layperson.
  • Deposition: Giving expert testimony in deposition for mediation, settlement, or trial proceedings at a level comprehensible to nonexperts.
  • Expert Witness Testimony: Testifying at trial to confidently provide expert perspective on key technical evidence, leveraging his extensive experience teaching technical content to nontechnical audiences.

For more information on how Eric’s expert IP litigation consulting and expert witness services can help you gain crucial insight into your client’s case, contact him here.

Curriculum Vitae, Daubert, and case experience information available upon request.