Am I correct in assuming that DM will be able to cross-examine the expert witness? Do they have someone with the technical/legal knowledge to do this? I'm sure their lawyers have the legal background but cases like this involve a knowledge of how the technical interacts with the legal. If they have a lawyer with the technical knowledge to understand fully what the expert witness is saying, he or she should be able demonstrate to the judge where the infringement occurs. If they can do this they don't need a technical expert of their own.
AR