PTAB EXPERT WITNESS TESTIMONY: PATENT TESTIFYING CONSULTANT SERVICES

A PTAB expert witness testimony consultant provides technical and industry-specific testifying consulting expertise in proceedings before the Patent Trial and Appeal Board, an administrative body of the United States Patent and Trademark Office (USPTO). Like top PTAB expert witness leaders remind, the group primarily handles inter partes reviews (IPR), post-grant reviews (PGR), and covered business method (CBM) proceedings, which are designed to assess the validity of issued patents outside of traditional court litigation. Advisors have a critical job in helping the Board evaluate detailed technical and scientific issues central to these disputes.

The main job of a leading PTAB expert witness is to review and analyze patent claims and provide opinions on whether a patent is valid in light of prior art, which includes previously published patents, technical papers, or products. SMEs tend to conduct detailed comparisons between the patent in question and the prior art to determine whether the invention is novel and non-obvious. As you might imagine, PTAB expert witness testimony supports arguments made by petitioners challenging a patent or by patent owners defending it.

KOLs typically prepare written declarations that outline their technical analyses and opinions. At odds with traditional courtroom settings, proceedings rely heavily on written submissions rather than live testimony, making the clarity and precision of these declarations essential. But PTAB expert witnesses may also participate in depositions, where opposing counsel tests their conclusions, and occasionally appear for oral hearings before administrative judges.

Thought leaders tend to engineers, scientists, or industry specialists with extensive knowledge of the relevant technology—such as software, biotechnology, semiconductors, or mechanical systems. Loads of PTAB expert witnesses have prior experience with patents, either through research and development, patent prosecution, or previous litigation support.

Advisory pros are valuable because they help administrative judges—who are legal and technical professionals themselves—tackle the finer points of nuanced technologies and assess how they align with patentability standards. Work can significantly influence the outcome of proceedings, impacting whether a patent survives or is invalidated.

A PTAB expert witness bridges technical expertise and legal standards, ensuring that decisions about patent validity are grounded in accurate, objective, and well-supported analysis.