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PATENT PRACTICE EXPERT WITNESS

Testimony on USPTO practice, procedure, and the patent attorney standard of care.

When a case turns on what happened at the Patent Office, or on what a reasonable patent practitioner should have done, the court needs testimony from someone who has done the work. Jennifer Meredith has been registered to practice before the USPTO since 2001, has drafted and prosecuted more than 1,000 patent applications, and has argued before the Patent Trial and Appeal Board.

Where we testify and consult

Patent malpractice and standard of care

Whether a patent practitioner met the standard of care in drafting, prosecution, docketing, deadlines, prior art disclosure, and client advice.

USPTO practice and procedure

How examination works: office actions, amendments, interviews, continuations, terminal disclaimers, and what the record means in context.

Inequitable conduct and the duty of candor

What disclosure obligations required, how information disclosure statements work in practice, and how examiners treat cited art.

Prosecution history

What an applicant's arguments and amendments conveyed during examination, relevant to estoppel, disclaimer, and claim construction.

What we provide

Expert reports and declarations under FRCP 26(a)(2)(B)

Deposition and trial testimony

Consulting expert review before a testifying engagement

Analysis of file histories and USPTO records

Why practitioner testimony matters

Juries and judges rarely see how patent prosecution actually works. Testimony from a practitioner with decades of prosecution, opinion, and PTAB experience explains the record in practical terms and stands up to cross-examination.

Frequently asked questions

What is a patent practice expert?

A registered patent attorney who testifies about USPTO procedure, prosecution practice, or the standard of care expected of patent practitioners.

Do you work for plaintiffs or defendants in malpractice cases?

Either, subject to a conflicts check.

Do you provide a CV and list of prior testimony?

Yes, on request, as required for testifying experts under FRCP 26.

How are engagements billed?

On an hourly basis, with rates for review, report preparation, and testimony set out in an engagement letter after a conflicts check.

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