BALTIMORE—Expert witnesses aren’t infallible, and a mistake during expert testimony can doom a case. However, proper screening and advance preparation can minimize the risks of expert testimony blowing up in a litigation team’s face.

Womble Bond Dickinson’s Barry Herman took part in a Jan. 24 panel titled “Litigators v. Experts: Expert Witness Sinkholes and How to Avoid Them.” The session was part of the Maryland State Bar Association Section of Intellectual Property Law’s 2018 Roundtable Series.

Herman and Venable’s John Prisbe portrayed the roles of litigators for the vignette, while Weyrich, Cronin & Sorra Director of Forensic & Valuation Services Division Kristopher Hallengren and Taylor Technologies VP of Research and Development/Engineering James Babcock played the roles of expert witnesses. Through this vignette, the four presented actual expert witness problems encountered in real cases.

Womble Bond Dickinson lawyers Pat Buckler, Christine Dupriest and Julie Hopkins attended the event.

As a veteran IP litigator, Herman regularly works with expert witnesses in high-stakes cases. In 2017, for example,Herman earned a series of successful outcomes for DynaEnergetics US, Inc., and co-defendants Anderson Perforating Services, LLC, and Tong Petrotech, Inc. in a long-running patent and trademark dispute.

Herman is part of a fast-growing IP team at Womble Bond Dickinson, which now numbers more than 110 attorneys and patent agents representing clients in a full range of intellectual property transactions and disputes. Earlier this month, the firm added 20 experienced IP team members as well as IP-focused California offices in Los Angeles, Orange County and Sunnyvale.

Barry Herman is an intellectual property litigation partner working in Baltimore. He represents both domestic and foreign clients in a wide range of intellectual property matters, with an emphasis on patent litigation in district courts, the International Trade Commission, and the USPTO. Herman is the Immediate Past Chair of the Maryland State Bar Association’s Section of Intellectual Property Law.