In the world of IP litigation, technical expertise can make or break a case. But in some industries, finding an available and unconflicted expert witness has quietly become one of the biggest challenges for attorneys.
Take fields like semiconductors, wireless communication, AI, or pharmaceuticals, industries where a handful of companies dominate and top experts often have overlapping consulting or research relationships. Many of the best-qualified individuals have already testified for (or against) key players, or are employed by universities and companies tied to ongoing disputes.
Why the Expert Pool Is Shrinking
The demand for technical experts in IP litigation has increased, driven by the complexity of modern technologies and the increasing volume of patent cases. Yet, the supply of qualified, unconflicted experts has not kept pace. Several factors contribute to this shortage:
- High Demand in Niche Fields: Experts in cutting-edge areas like machine learning, 5G technology, or gene editing are often employed by major corporations or academic institutions, creating conflicts of interest that disqualify them from many cases.
- Frequent Engagements: Top experts are also repeatedly retained by large law firms or corporations, limiting their availability for new cases and creating potential conflicts across related litigation.
- Aging Expertise: In some technical fields, seasoned experts are retiring, and younger professionals may lack the courtroom experience or specialized knowledge required for high-stakes IP disputes.
These challenges can delay case preparation, increase costs, and force attorneys to settle for less qualified experts, potentially weakening their litigation strategy.
The Impact on IP Litigation
A limited pool of unconflicted experts creates significant hurdles for attorneys. Without access to credible, specialized expertise, it’s harder to build a compelling case, survive Daubert challenges, or effectively communicate complex technical concepts to judges and juries. Moreover, the time spent searching for an unconflicted expert can strain tight litigation timelines. Attorneys may need to contact dozens of candidates, only to find conflicts or mismatched expertise, diverting resources from other critical tasks.
As a result, attorneys are increasingly running into situations where:
- Potential experts are conflicted out due to prior engagements or NDAs;
- Qualified experts are overbooked, juggling multiple litigations;
- Neutral experts are reluctant to get involved in high-stakes cases for fear of damaging professional relationships.
How to Overcome the Shortage
Despite these challenges, attorneys can take proactive steps to secure the right expert witness:
- Start Early: Begin your expert search as soon as possible to maximize options and avoid last-minute conflicts.
- Leverage Networks: Tap into platforms that connect attorneys with pre-vetted experts in specific technical fields.
- Broaden the Scope: Consider experts from adjacent fields or professionals with relevant knowledge, provided they have strong communication skills.
Find Unconflicted Experts with Patexia Connect
At Patexia Connect, we understand the challenges of finding unconflicted experts in today’s competitive IP litigation landscape. Our platform simplifies the process by connecting you with a curated network of highly qualified experts across technical fields like AI, biotech, semiconductors, and more. With Patexia Connect, you can:
- Access experts with verified credentials and courtroom experience.
- Streamline conflict checks to find the right fit faster.
- Tap into niche expertise tailored to your case’s unique needs.
Don’t let the shrinking pool of experts slow down your case. Visit Patexia Connect to learn more and start your search for the perfect expert for your next case.
