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Appealing an intellectual property case is a delicate process that takes time and attention to detail. Presenting the best case on appeal, regardless of whether you are the appellant or appellee, begins at the trial level. It is at this stage that a party needs to focus on making the strongest arguments possible to enhance the likelihood of success on appeal. The Keleher Appellate Law Group is here to counsel you through each step of the intellectual property rights appeals process.
How Expert Witness Testimony Affects the Outcome of Cases
Intellectual property cases often require input from individuals with specialized knowledge, especially in the areas of copyright and trademark law. This is where expert witnesses come in. Here are a few specific examples of the roles they play at the trial level and how they impact appeals:
- Fortifying your legal arguments: Plaintiffs and defendants rely upon experts to strengthen their underlying legal points in intellectual property (IP) disputes. An expert’s testimony can either support or undermine a specific interpretation or application of IP law, potentially bolstering one’s position in the case. Trial courts draw upon this testimony to render their decisions, and appellate courts review the record to understand how the expert’s input was utilized.
- Adding credibility through technical opinions: Judges and juries may not fully appreciate the complex issues that arise during IP trials, so they will need an expert to go into detail. An expert who has qualifications that are relevant to the underlying facts of the case can give well-founded technical opinions. Expert witnesses draw upon their training, experience, and background in testifying in such matters.
- Reinforcing or challenging specific claims: The outcome of an intellectual property case may turn on a key detail. For example, the issue might be whether a trademark is sufficiently distinct so it does not cause confusion among consumers. The expert witness can provide an example that is close to the fact pattern in the case and can either reinforce or undermine a party’s claims.
- Preparing the record before the appeal: An important step in the appeals process is preparing the record. But to win the appeal, the record itself must weigh heavily enough in either the appellant’s or appellee’s favor. With sufficient expert witness testimony, the record that is presented to the court of appeal can persuade the judges to side with one party or the other.
Selecting, Preparing, and Leveraging Expert Witnesses and Their Testimony
Here is a closer look at three key stages of using expert witness testimony in IP cases:
- Selecting the expert: If you have a trademark case, naturally, you will want an expert who has testified in trademark trials. While this is necessary, it is not sufficient. The expert witness should ideally have experience with the type of business or industry with which the trademark is concerned. We have a reliable expert witness network to help deliver relevant testimony that is customized to the needs of your case.
- Preparing the expert: Once the right IP expert witness is chosen, he or she must become familiarized with the facts of the case. We review both the client’s arguments and positions as well as those of the opposing party to make sure the witness thoroughly understands the facts and points of contention in the lawsuit.
- Leveraging the expert’s testimony: Finally, the expert witness’s testimony is prepared with an eye towards presenting the best case on appeal. It would simply be short-sighted to develop the testimony with only the goal of winning over a trial jury. The attorney should therefore assume that even the strongest case might wind up being appealed by the losing party, and develop the testimony accordingly.
Making Your Best Case For a Compelling Appeal
Appealing an IP trial court decision begins long before the trial commences. With the right intellectual property law firm, you can build and strengthen your case so that it has the best chance of persuading the appellate court to side with you. That’s where The Keleher Appellate Law Group steps in. Call today to learn more about how we can represent you.