An important first step for the litigation team is to understand what kinds of experts are available and what type of expertise is needed. Will there be one type of expert or two? Will there be consulting experts in addition to testifying experts? Special knowledge IP experts in addition to damages experts? These are the early questions the litigation team must ask. How broad or specialized should the role of the experts be? When should their role in the litigation start? In my view, this is part of the very earliest strategic decisions in any litigation. I believe that the experts should be deeply involved and work at a high level of detail with the litigators, which enables the experts to benefit the legal team from the moment of retention. I will also briefly discuss the differences between consulting experts and testifying experts and the roles of those experts in different cases.
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