Seeing all this in your last post is why after you put this up I as, '' Who/how might this expert come about''... after a ruling / during or before. Is it an independant or appointed by uspto.

''My answer is , An intellectual property expert during Markman hearing as a consulting expert can evaluate the strength of the patents in question and assist the attorney in determining the best strategy for any license negotiations. This expert or experts will use various patent databases and patent files that detail the history of the patent prosecution to make a determination as to the validity of the patents, the likelihood of actual infringement, and suggest the strategy.''

e