Representative engagement

Expert Sourcing for a Pharmaceutical Formulation Patent Dispute

Sourcing and screening for conflicts first, then for plain explanation of the science

The challenge

Deep expertise and the ability to explain it are different things

A law firm was acting in a patent dispute about a pharmaceutical formulation, the specific recipe and process by which a drug is turned into a usable medicine. The case turned on detail that takes years of practice to understand properly. The firm needed a technical expert who held that depth and could also explain it in a room full of people who do not share it, and it could not assess that depth on its own.

The people who hold that understanding have spent their careers speaking to others who share it, so depth and clarity do not reliably arrive together. Formulation specialists also sit in a small number of companies, which means conflict screening removes a large part of the field before anyone can be assessed.

The Nextyn approach

We screened for conflict first then for clarity

We scoped the technical requirement with the firm, then mapped conflicts across the small set of employers where this work is done, before any approach was made. That order matters. In a specialism this narrow, finding a conflict late costs far more than the screening does.

Candidates who cleared that screen were then assessed on explanation: whether they could take the chemistry apart for somebody without the background, in words a listener without a chemistry degree could follow. A distinguished record is of limited use in a dispute if the science cannot be made accessible. Sourcing reached former formulation scientists, process development leads and manufacturing leads who had done the work, rather than people already presenting themselves for dispute work.

The outcome

A field the firm could assess with confidence

The candidates who reached the firm were free of conflicts, had done the formulation work the case turned on, and could explain it to somebody without the background. Doing the conflict mapping first is what made that possible: the field the firm saw was clean rather than merely large.

We identified and introduced. Instruction, the scope of any opinion, and every duty owed to the tribunal were matters for the firm and the expert, and stayed there. The firm made its own choice from a field it could assess with confidence.

Related reading

More on finding an expert who can also be understood

Writing from the Nextyn desk.

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