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Patent Expert Witness

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Blue Ocean Global Technology’s CEO and Co-Founder Sameer Somal qualifies as an expert witness in cases that require substantive and rigorous expertise in internet-related matters.

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Blue Ocean Global Technology Offers the
Following Expert Witness Services:

01

Testifying Expert Witness

02

Non-testifying Expert Witness

03

Expert Advisor

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Expert Consultant

Achievements

Sameer Somal the CEO of Blue Ocean Global Technology

sameer-somal-commercial-litigation-expert-witness
  • Sameer Somal, the CEO of Blue Ocean Global Technology and co-founder of Girl Power Talk is a frequent speaker at conferences on digital transformation, diversity & inclusion, online reputation management, and relationship capital
  • Somal is a published writer and internet defamation subject matter expert witness
  • He is an active member of the Society of International Business Fellows (SIBF)
  • He is a recipient of the CFA Institute 2022 Inspirational Leader Award
  • He assists clients and helps them transform their digital presence
  • He is a member of the Legal Marketing Association (LMA) Education Advisory Council
  • He serves on the board of the CFA Institute Seminar for Global Investors and Future Business Leaders of America (FBLA)
  • Somal leads collaboration with exclusive groups of PR, law, and management consulting agency partners
  • He authors Continuing Legal Education (CLE) programs, in collaboration with the Philadelphia Bar Foundation

Expert Witness Services at Blue Ocean Global Technology

In 2015, we received multiple inquiries from law firms in search of expert witnesses for their cases. We promptly set our team in motion, and as a result, these firms now attribute our well-documented client expertise as a key factor in their decision to engage our services.

Subsequently, numerous other law firms have also sought our expertise as expert witnesses, seeking assistance with online defamation cases for both themselves and their clients.

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Introduction

Under Federal Rule of Evidence 702, an expert witness must possess specialized knowledge, skill, experience, training, or education to provide testimony in court. In patent litigation, expert witnesses are often crucial in determining patent validity, infringement, and damages. According to studies, expert witnesses are used in over 80% of federal IP cases, with their testimony significantly influencing case outcomes. The Daubert Standard further ensures that expert opinions are based on reliable principles and methods, making the selection of a qualified patent expert witness essential.

In today’s complex legal landscape, expert witness services play a critical role in intellectual property (IP) disputes. A patent expert witness provides technical, scientific, and industry-specific insights, ensuring that courts and juries understand the crucial details of patent infringement, claim construction, and prior art analysis.

Our expert witness firm specializes in providing credible, experienced professionals who help law firms and businesses strengthen their legal strategies. Whether you need expert testimony for patent infringement, trademarks, copyrights, or trade secrets, our firm has the right expert witnesses for your case.

This article explores the different types of expert witnesses in IP litigation, the qualifications required for credibility, and the legal standards that govern expert testimony, including Federal Rule of Evidence 702, the Daubert Standard, and Markman Hearings. We’ll also cover expert witness salary ranges and key factors in selecting the right expert for patent disputes. Additionally, we’ll discuss the challenges expert witnesses face in court and how to ensure their testimony remains objective, credible, and admissible.

Consult our expert witness firm today to find the right specialist for your case.

Types of Expert Witnesses in Intellectual
Property Cases

Intellectual property (IP) disputes often require specialized expert witness services to provide technical analysis, legal insights, and expert testimony. Depending on the nature of the case, different types of expert witnesses may be required to clarify complex legal and technical issues.

Patent Expert Witnesses

A patent expert witness plays a vital role in patent litigation cases, offering deep expertise in patent laws, infringement analysis, and validity challenges. These experts assess whether a product or process violates an existing patent, helping attorneys build strong legal arguments. Their testimony is crucial in Markman Hearings, where judges determine the meaning of patent claims, and in court proceedings where they provide technical explanations to judges and juries.

A patent expert may be involved in:

  • Patent infringement analysis – Determining whether a product or technology unlawfully uses a patented invention.
  • Patent validity challenges – Assessing whether a patent should have been granted based on prior art and novelty requirements.
  • Damage calculations – Providing financial insights into potential compensation for infringement claims.
  • Expert testimony – Presenting findings in depositions, hearings, and trials to support legal arguments.

Other Intellectual Property Expert Witnesses

Beyond patents, other forms of intellectual property disputes require specialized expert witness services to provide testimony in legal cases related to trademarks, copyrights, and trade secrets.

  • Trademark Expert Witnesses – Help establish brand confusion, trademark infringement, and dilution, providing insights into consumer perception, market impact, and distinctiveness of trademarks.
  • Copyright Expert Witnesses – Analyze cases involving unauthorized use, originality claims, and fair use defenses, often assessing artistic, literary, or software-related copyrights.
  • Trade Secret Expert Witnesses – Provide technical and business insights into misappropriation claims, determining whether confidential information was improperly disclosed or used.

Each of these expert witness types plays a key role in IP litigation, ensuring that courts fully understand the technical, legal, and financial aspects of each dispute.

Qualifications of an Expert Witness

Selecting the right expert witness services requires evaluating key qualifications that ensure credibility, reliability, and effectiveness in patent litigation and other intellectual property disputes.

Educational and Professional Background

A strong academic foundation and extensive industry experience are essential when choosing a patent expert witness. Most professionals in this field hold advanced degrees in engineering, computer science, life sciences, or law, depending on the technical nature of the case. Many expert witnesses also have professional certifications, patents of their own, or industry experience in product development, R&D, and regulatory compliance.

For a patent expert witness, a deep understanding of patent laws, infringement analysis, prior art research, and technology assessments is crucial. Courts assess these qualifications under the Federal Rules of Evidence (Rule 702) to determine whether an expert is suitably qualified to provide testimony.

Expert Witness Experience

A reputable expert witness firm ensures that its professionals have prior experience in depositions, hearings, and courtroom testimony, making them effective in high-stakes litigation. Experienced patent expert witnesses have worked on cases involving patent infringement, patent validity challenges, and damage calculations.

Additionally, prior involvement in Markman Hearings—where judges interpret patent claims—is a valuable asset, as these hearings can significantly influence the outcome of a case. Attorneys often seek expert witnesses with a strong track record in litigation support, as their past testimony can strengthen the credibility of their current case.

Communication Skills

An expert witness must be able to translate complex technical information into clear, understandable language for judges, juries, and attorneys. In patent litigation, where scientific and technical concepts are often intricate, an expert’s ability to simplify details without losing accuracy is essential.

Strong communication skills also help an expert witness remain composed and authoritative during cross-examination, ensuring that their testimony withstands scrutiny. A well-prepared patent expert witness delivers clear, confident, and objective insights, making a compelling impact on the case.

Federal Rules & Legal Standards

Our patent expert witnesses comply with the Federal Rules of Evidence (FRE), particularly Rule 702, ensuring their testimony meets admissibility standards. Under Rule 702, an expert witness must possess specialized knowledge, skill, experience, or education relevant to the case. Additionally, the Daubert Standard requires that expert testimony be based on reliable methods and accepted scientific principles.

In patent litigation, expert witnesses are crucial in Markman Hearings, where judges interpret patent claims before trial. By adhering to these federal rules, our expert witness firm ensures that testimony is credible, admissible, and legally sound.

Selecting the Right Expert Witness Firm

Choosing the right expert witness firm is essential for securing credible, well-qualified professionals who can provide strong support in patent litigation. The effectiveness of an expert witness depends on their expertise, experience, and ability to communicate complex concepts clearly.

Assessing the Right Expertise

A patent expert witness should have a proven track record in patent infringement, claim interpretation, and prior art analysis. Our firm connects clients with industry-specific experts tailored to their case needs.

Understanding Expert Witness Salary

The cost of hiring an expert witness depends on experience, case complexity, and duration of engagement. Fees typically range from $250 to $1,000 per hour, with highly specialized patent experts commanding higher rates.

Reviewing Expert Witness Examples

Analyzing past cases helps assess an expert’s credibility and effectiveness. Our firm showcases successful case studies, demonstrating how expert witness services strengthen legal strategies.

Reputation & Track Record

A strong expert witness firm provides access to trusted professionals with courtroom experience and successful litigation support. Selecting a firm with a proven history ensures expert testimony is both credible and admissible.

Explore our wide range of expert witness services to match your specific legal needs.

The Role of Patent Expert Witnesses in Litigation

A patent expert witness plays a critical role in intellectual property disputes, offering technical expertise and legal insights that help attorneys build strong arguments. Their contributions extend beyond testimony, including claim analysis, infringement evaluation, and patent validity assessments.

Technical Analysis

In patent litigation, technical expertise is essential for analyzing infringement claims, invalidity arguments, and patent scope. A patent expert witness examines whether a product or process violates an existing patent by conducting detailed prior art research, claim construction analysis, and technical comparisons. Their findings help attorneys determine the strength of a patent claim and develop effective legal strategies. Courts rely on these experts to explain complex technological concepts, ensuring that judges and juries understand the nuances of the case.

Expert Testimony in Court

A well-qualified patent expert witness provides credible, persuasive testimony in depositions, hearings, and trials, reinforcing an attorney’s argument. Their testimony is crucial in Markman Hearings, where they assist in defining patent claim terms, which can significantly impact case outcomes. During trial, they present clear, fact-based opinions on whether an accused product infringes a patent, or if a patent should be deemed invalid based on prior art. A strong expert witness firm ensures that its professionals are skilled communicators, capable of presenting technical information in a clear and legally sound manner. Their ability to remain objective, confident, and composed under cross-examination can be a decisive factor in litigation success.

Case Studies & Real-World Impact

Historical cases highlight the significance of expert testimony in shaping legal decisions. Experts have played a key role in high-profile patent disputes across industries. One of the most well-known patent litigation cases, Apple Inc. v. Samsung Electronics Co. (2011-2018), highlights the critical role of expert witnesses in intellectual property disputes. While the case was ultimately settled, expert witness testimony played a crucial role in shaping the legal strategies, influencing damage calculations, and demonstrating the importance of technical expertise in patent litigation.

Challenges in Expert Witness Testimony

Providing expert witness services in patent litigation comes with several challenges, including maintaining credibility, adhering to legal standards, and meeting court admissibility requirements. A well-qualified patent expert witness must be prepared to navigate these complexities to provide reliable and effective testimony.

Ensuring Objectivity & Credibility

A reputable expert witness firm ensures its professionals remain unbiased and fact-driven, as courts closely examine whether testimony is impartial. A patent expert witness must rely on verifiable data, independent research, and established methodologies to maintain credibility.

Scientific & Legal Methodology Scrutiny

Expert testimony must follow scientifically accepted and legally sound methods that withstand cross-examination. The Daubert Standard requires that expert opinions be based on tested, peer-reviewed, and widely accepted methodologies, especially in patent infringement cases.

Meeting Admissibility Standards

The Federal Circuit enforces strict admissibility standards for expert witnesses, requiring them to base their testimony on sufficient facts and reliable principles as per Federal Rule of Evidence 702. Experts who fail to meet these criteria risk having their testimony excluded.

Recent Legal Precedents & Developments

Legal rulings continue to shape how expert witness testimony is assessed. Courts are refining standards for expert qualifications, methodology reliability, and testimony relevance, making it essential for patent expert witnesses to stay updated.

Conclusion: Why Choose Our Expert Witness Services?

Partnering with an experienced expert witness firm ensures that your case benefits from authoritative, credible, and effective expert testimony. Our firm connects you with industry-leading professionals in patent and intellectual property litigation.

If you are in need of a patent expert witness or require guidance on selecting the right specialist, contact our team today.

Contact us today to learn more about our experts’ qualifications and experience.

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FAQs

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  • What qualifies as an expert witness?

    An expert witness is a professional with specialized knowledge, skills, or experience in a specific field, making them qualified to provide testimony in legal cases. For a patent expert witness, qualifications typically include advanced degrees, industry experience, and a thorough understanding of patent law. Courts assess an expert’s credentials based on the Federal Rules of Evidence, particularly Rule 702, ensuring that their testimony is relevant and reliable. Reputable expert witness firms carefully vet professionals to ensure they meet these qualifications.

  • What is a typical expert witness fee?

    The expert witness’s salary varies based on expertise, industry, and case complexity. A patent expert witness may charge anywhere from $250 to $1,000 per hour for consultation, report preparation, and testimony. Highly experienced experts in specialized fields may command even higher fees. Many expert witness firms provide flexible fee structures based on trial preparation, depositions, and court appearances.

  • What are the four C’s of expert witness testimony?

    The four C’s of expert witness credibility are Competence, Clarity, Confidence, and Credibility:

    • Competence: A patent expert must have verifiable expertise in their subject matter, whether in technology, engineering, or patent law.
    • Clarity: An expert witness must communicate complex technical details in a way that judges and juries can easily understand.
    • Confidence: A patent expert witness should be composed and assertive under cross-examination.
    • Credibility: The most successful expert witnesses maintain impartiality, providing fact-based, objective testimony without bias.

    Choosing the right expert witness firm ensures you work with professionals who embody these principles, strengthening your case.

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Reputations are everything.
Let us help you control the online narrative.

A positive reputation is a valuable asset. You deserve to be in control of what the internet says about you or your brand. We specialize in building, monitoring, and protecting digital reputations. Schedule time with our team to audit your existing digital presence and find ways to elevate and enhance your online impression.

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Reputations are everything.
Let us help you control the online narrative.

A positive reputation is a valuable asset. You deserve to be in control of what the internet says about you or your brand. We specialize in building, monitoring, and protecting digital reputations. Schedule time with our team to audit your existing digital presence and find ways to elevate and enhance your online impression.

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Reputations are everything.
Let us help you control the online narrative.

A positive reputation is a valuable asset. You deserve to be in control of what the internet says about you or your brand. We specialize in building, monitoring, and protecting digital reputations. Schedule time with our team to audit your existing digital presence and find ways to elevate and enhance your online impression.

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[showchatbox]

Brittney Bagiardi

Business Development & Marketing Manager at Butler Weihmuller Katz Craig LLP February 4, 2020

The Legal Marketing Association's Tampa City Group was honored to have Sameer come to speak with us regarding Online Reputation Management. Sameer is an energetic presenter who took the time to answer each and every one of our questions. His expertise was evident in his polished presentation, and our members were engaged thoroughly. All communications leading up to the event were timely and friendly, and I have enjoyed my time working with Sameer on this speaking engagement.

Tamie Maffeo

Marketing Manager at NEIRG Wealth Management. & Business Succession Advisers, LLC

Working with Sameer and the team at Blue Ocean Global Technology has been such a positive experience! The ongoing communication combined with the efficiency of work of the team is very much appreicated. Sameer is quick to respond to any questions we may have. He and his team is quick to to resolve any questions that arise. They go above and beyond for us no matter what day or time we reach out. I have had many dissapointing engagements over the years with similar firms but must say that this is a refreshing experience. I am in a niche business with complicated regulations surronding our marketing platform. Having the peace of mind that the team at Blue Ocean is there to impliment and guide our firm gives me great satisfation. That being said, I give them my highest reccomendations and would gladly speak with anyone who has any questions regarding my experience.

Jay Chong

EVP, Head of e-Mobility Group at SK Group

I had a chance to work with Sameer for several months, and he has been one of the most transparent and responsible people I have ever worked with. He has been highly responsive, always responding within a day despite the time zone difference, and thoughtful, which was a big relief for me as some I worked with in the past were "Catch Me if You Can". He has delivered all his promises and more. He has been genuine and results oriented. It has been a pleasure working with him, and I highly recommend his service.

Vern Hayden

Client Advocate at Sovereign Financial Group, Inc

Sameer lives outside the cliche’s of life. Let me put it this way:

If you were looking for someone totally committed to helping in a mission, a cause, or company you would want Sameer.

If you were looking for someone who would drop everything to help you, who knows the best and worst about you, someone with empathy and understanding, in short someone you call a “true friend” , you would want Sameer.

If you want someone who has aligned themselves with the great causes of women you will want Sameer. If you want someone who gives a damn about kids that are abused,misplaced,without direction,kicked to the curb, and need help get Sameer.

If you want someone to give a mesmerizing presentation get Sameer. He will stay up all night doing relentless research on the subject and the audience and inspire your audience to action.

If you want someone with a consistent well defined philosophy of life combined with a remarkable code of ethics you want Sameer.

If you want a leader with emotional and academic intelligence combined with magnetic charisma check in with Sameer.

If you want a team player who has been in the trenches as well as the mountain tops Sameer has been there.

If you want someone to help stabilize your business and take it to greater fulfillment Sameer will be there for you.

If you need a George Gilder tech genius as a resource., Sameer knows the best and can bring innovative solutions to your challenges. ( the right wing radio host Rush Limbaugh said if he could choose another brain it would be Gilder’s.)
If you need someone to trust with integrity and accountability you need to meet Sameer. I could go on but I think you know how I feel about this guy now. I have known and been a friend for over two decades.

Najah A. Edmondson

Marketing professional at National Center For College & Career Transitions (NC3T), The TASA Group and ASK For Tutoring

Sameer Somal is a personality you cannot forget! I met Sameer one year exhibiting at the Delaware Valley Legal Expo in King of Prussia, PA. It was the end of the night and he came over to introduce himself to me and my colleague. We engaged in an amazing conversation about The TASA Group and about relationship management. He helped us take our belongings to the car at the end of the night. We all left with a new connection and a lifelong friend. So excited with meeting Sameer, we immediately figured out how we could work together - webinars, articles and in-person presentations to some of the organizations we are partnered with. It's been a few years since we met and Sameer continues to thrive in his field and in his expertise. The light he exudes is both infectious and comforting. I would recommend Sameer for any job!

Walt Wiesenhutter

Certified Small Business Mentor at SCORE Mentors Philadelphia. Taught at Harvard University Executive MBA & at Columbia Executive MBA & Northwestern Executive MBA

My name is Walter J. Wiesenhutter and I am loyal client of Sameer Somal’s and Blue Ocean Global Technology. I founded Jay Associates in 1984 and served as president of our consulting company for several decades. Regretfully, our offices were in the World Trade Center in 9/11 and we lost key team members as a result of those tragic events. We persevered for the next few years to replace the seemingly unreplaceable. I met Sameer, one of the co-founders of Blue Ocean Global Technology in 2005. I was immediately impressed with his genuine character and commitment to serving others. The emergence of the internet and digital technology changed our business so much and our meeting couldn’t have been more serendipitous. I was quite fortunate to learn of this company’s world-class resources. Over the years, they were instrumental in improving our stellar reputation and building a digital presence that reflected the trust we had with our clients offline. As business partners, clients, and friends complained about their Google presence, disappointing web development projects, and digital marketing companies over promising and under delivering, I referred them directly to Sameer and his team at Blue Ocean Global Technology. Their needs and requirements were always handled with care; the feedback is always exceptional because they deliver results based on exactly what the companies want to help them grow. When Blue Ocean Global Tech did not feel they could provide the best service or guidance on a particular situation, Sameer and his colleagues are honest with me or anyone from my network. They then took the time to find resources and partners within their trusted network that were a better fit. Today, at 75, I am delighted to share and document my successful experiences with this team of excellent professionals. If you are looking for a global team that is diligent, honest, and transparent, you have found the right company in Blue Ocean Global Technology. Not only do I give them my highest and best recommendation, I feel fortunate to call many of their global team members my friends!