Description

Whether it involves prosecution, litigation or inter partes review, an accurate translation of your patent or supporting evidence is an essential part of presenting your case. Recognizing inaccuracies in opposing counsel’s translation of evidence is also essential to your case. How can you know whether the translation you are relying on accurately reflects the subject matter and content of your French-language patent or evidence? What about the translation that opposing counsel is relying on for their evidence? Does that translation have an inaccuracy that changes whether the evidence is prejudicial once accurately translated and understood?

In these critical situations, you need an experienced translator working with you and qualified to provide declarations and testimony under oath. You need an expert witness on translation.

For translations from French to English, I am qualified to discuss with you and testify under oath about a wide range of issues from general strategies and approaches to translation, to researching and documenting terminology and sentence structure, and to going deep into the details of nuance and shades of meaning in French and English. I am also a registered patent agent so I can connect linguistic considerations and potential evidence in French-language documents to issues of patentability, claim construction, enablement, clarity and conciseness.

Qualifications

Under Federal Rules of Evidence, Rule 702. Testimony by Expert Witnesses, I am qualified to testify as an expert witness concerning accuracy of French into English translations. I am qualified because of my knowledge, skill, experience, training, and education; these qualifications are documented on this website and in my resume.

I also have a sample declaration listing these qualifications.

I can translate a patent for you and testify to its accuracy.

Experience

Statements of Accuracy

I routinely provide Translator’s Certifications (statements of accuracy) supporting my translations of French patents to be filed with the USPTO, as required under Title 37 CFR 1.52(d)(1). For more information see MPEP 608.01 Subsection V.

Declarations

I have provided patent translations and declarations in two cases in Federal District Court and before the Patent Trial and Appeal Board (PTAB) of the USPTO.

Deposition

I have provided an expert witness deposition in one Inter-Partes Review (IPR) before the USPTO PTAB. In that case I was engaged by the Patent Owner after the Petitioner presented a translation of a French patent that appeared prejudicial to the obviousness of multiple claims in the Patent Owner’s patent. The Petitioner’s translation had some errors including one that was particularly relevant. In their deposition, the translator who translated the prior art patent for the Petitioner acknowledged their mistake and that their translation was not correct. In its decision, the Board ruled that once the translation was corrected the prior art patent was not prejudicial to the Patent Owner’s patent and those challenged claims were allowed unchanged. This case was discussed in a Law360 article from May 27, 2022. My involvement was therefore essential for maintaining these claims in the Patent Owner’s valuable patent.