Hiring a qualified expert witness in IP / trademark infringement cases to review and respond to an opposing expert’s survey work is a critical component of an effective rebuttal strategy. When you face tough survey evidence from a top name in the field, Keegan & Donato Consulting can help.
How to Find a Qualified Expert Witness
An expert witness may give an opinion to establish a fact at issue in a case or to help the court understand evidence. There is a scientific component (collecting, testing, and evaluating evidence, and forming an opinion about it), and a forensic component (communicating that opinion, and the methodology and procedures used as a basis for the opinion, to the judge and jury).
Experts can play different roles, so it is important to consider your specific goals before beginning your search. A good first step is to decide if you are looking for a specific methodological approach, such as an analysis to assess damages or an assessment of a brand’s competition.
Next, look at each firm’s experience and credentials. Ask about cases in which they have offered expert testimony to find out if they have addressed relevant topics and whether any of their testimony has been excluded. Find out what the firms that hired them thought about their work. Interview each potential candidate to determine if they fully understand the issues in your case.
Relying upon a combined 25-plus years of proven survey methodologies, deep operational insight, and vast industry experience, principals Mark Keegan and Tony Donato provide expert research, analysis, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation, and cases involving business, marketing, and financial issues.
Our nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
We can provide you with technical and strategic advice; help you analyze the economic, financial and/or technical complexities of your case; help you determine suitable deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report.
Keegan & Donato Consulting has partnered with leading firms across the nation, including Notaro, Michalos & Zaccaria PC in New Jersey, Blood Hurst & O’Reardon LLP in San Diego, Ropes & Gray LLP in Washington, DC, and SmithAmundsen LLC in Chicago, on litigation surveys that have been presented as evidence in matters involving a broad range of products and services.
When you need an expert witness to assist you with IP litigation or to help develop a strategy in your trademark infringement cases, it is important to choose one that will meet the courts’ standards for design, execution and analysis. Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.