Expert Witness Testimony

What is an Expert Witness?

Sometimes a lawsuit requires a professional evaluation of the Intellectual Property in dispute and/or an assessment of some specific Intellectual Property Rights as part of a larger case. 

According to Federal Rule of Evidence 702, an expert witness is someone that must have the “knowledge, skill, experience, training, or education” that will assist the “trier of fact to understand the evidence or to determine a fact in issue.” An Expert Witness may provide testimony in a trial, information for a lawsuit, or a valuable second opinion to a trial team. The testimony from an expert witness often proves valuable to the outcome of the case.

An expert witness plays a unique role in litigation, in that the trier of fact, often the jury, will rely on expert witnesses to understand complicated subject matter and reach factual conclusions. When expert witnesses are involved, it is not unusual for each party to have their own expert witness and for all of the expert witnesses to reach different factual conclusions. 

Marc E. Hankin has been retained in litigation cases (testifying expert) and pre-litigation negotiations (consulting expert) as an Expert Witness, often on the issues of Licensing Intellectual Property, and also on the scope of what the “Intellectual Property” actually covers, adding the weight of his testimony to that of either the Plaintiff or Defendant who hired him. It is Marc Hankin’s expertise, reliability, and credibility that has established him as a highly reputable expert witness throughout California and the United States.

Reputation is Everything; Impartiality is Key

The credibility of an Expert Witness is crucial to the role they play in court. With more than 26 years of experience as a Registered Patent Attorney, Marc is able to analyze a case and prepare and deliver well-reasoned testimony regarding the Intellectual Property at issue. 

Maintaining the firm’s integrity and reputation is the guarantee that his testimony will be considered by the Judge and/or Jury to be both thoughtful and impartial. Clients depend on an impartial expert to provide reliable testimony that court decisions can be decided upon with confidence. With this trust, the expert witness contributes essential information on which the client — and the trier of fact — may rely. This is why Marc Hankin gets retained as an Expert Witness.

It is important to keep in mind that the primary responsibility of an expert witness is to the court and that the expert witness is there to provide independent and unbiased testimony. It is this independence and impartiality that gives the expert witness the credibility needed to impact the outcome of a case. 

This is especially important in cases that deal with intellectual property.

Impartiality, paired with expertise in intellectual property matters, creates the ideal Expert Witness. This is because testimony must withstand cross-examination to support a case, and thus must be accurate and unimpeachable. 

Hiring an impartial Expert Witness assures the client that they are receiving the most useful and credible analysis in support of their case.

We Confidently Provide Patent Expert Witness Testimony

As a Registered Patent Attorney and an acknowledged expert in Patent Law, Marc E. Hankin gets called upon to provide informal and formal testimony as a part of a litigation or negotiation. 

Three decades of successfully prosecuting, licensing, and litigating Patents, Trademarks, and Copyrights across a wide breadth of subject matter areas places Marc E. Hankin in a position to evaluate claims and defenses competently and impartially. Marc has earned two technical degrees and is armed with highly effective communication skills. This combination makes Marc E. Hankin the ideal resource when Expert Testimony is needed. 

Complex patent issues present a challenge of their own, but a patent expert witness can explain these issues in a way that is easily understood by a judge, mediator, or jury. 

How well a technical issue is conveyed within a trial or mediation may determine the outcome of the case. Sometimes it takes somebody with extraordinary experience to take a highly technical and complicated situation and boil it down to its base components in a way that a trier of fact can understand it, and that’s exactly what Marc E. Hankin does when the situation calls for it.  As a Permanently Certified Science Teacher who taught High School Physics and Chemistry for a few years and for the past three decades has been teaching students in undergraduate, graduate, business school, and law school classrooms, as well as teaching practicing attorneys and sitting Judges in MCLE classes, Marc is well-trained in taking complex concepts and breaking them down into simple, digestible bite-size pieces.  Often this will be the difference between losing and winning the case! 

When to Hire a Patent Expert Witness

Patent, trademark, or copyright issues may be the central dispute or a subset of a larger litigation matter. In that case, a trial team may opt to hire an Expert Witness regarding Intellectual Property to support the relevant matters and provide an understanding of the evidence and complex issues. When the client and/or litigation counsel determine there is a need for a Patent Expert Witness, Marc E. Hankin is often an excellent choice. 

Intellectual Property is a unique specialty in the law and when it comes to writing patents, it requires additional certification that usually requires a degree in science as a prerequisite. Many excellent litigators command a courtroom well, but they lack the technical knowledge possessed by a Registered Patent Attorney that is needed to win the case by breaking down the more complex issues into pieces that are understandable by lay Judges and/or juries. In the situation where expert patent procedural knowledge will be pivotal to the outcome, consult Marc E. Hankin, an experienced Registered Patent Attorney.  He possesses the knowledge, education, skill, and credibility to provide the expert testimony that may prove vital to the outcome of your case.

Managing Partner Marc Hankin has provided expert witness testimony in a variety of intellectual property matters including when intellectual property comprises the largest assets in divorce, probate, and bankruptcy proceedings, and an Expert Witness is needed to assist the seasoned attorneys in those fields. Give the attorneys at Hankin Patent Law a call today to discuss the details of your case and how hiring Marc E. Hankin as your expert witness can help win your case.


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