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Identifying Key Issues: Many accidents and patent disputes involve a wide range of technical issues that are overlooked during initial investigations. Affected parties, and their legal counsel, often focus on a narrow range of topics. A lack of expert guidance early in the process can result in lost opportunities to identify and pursue useful areas of investigation that aren't obvious to the inexperienced or biased eye.

Although reliance on in-house expertise is important for proprietary issues, an unbiased outside consultant can help identify seemingly unrelated technical aspects in a complex matter. It is therefor useful to leverage the experience of a multidiscipline engineer who has investigated relevant situations in which important points were overlooked, or completely neglected, until it was too late to properly address them in the litigation process.

For example, an accident involving an automated manufacturing machine might initially focus on only the programmable controller. However, an experienced (and unbiased) multidiscipline engineer will understand that the entire production system must be considered to identify all the potential causes. This would include the control components, electrical and hydraulic systems, computer programming, mechanical design, operator skill and training, and safety programs. Although a single consultant may not qualify to address all of those areas, an experience multidicipline engineer can identify the key elements and guide the client to appropriate additional consultants. The early analysis can also assist with identifying additonal parties who should be involved in the investigation process.

Patent matters can also begin with a narrow focus that excludes potentially critical aspects.  Initial steps, such as the scope of prior art, can benefit from input from an experienced consultant who understands how patents can be applied to a wider range of applications than initially considered in the patent process. Identifying and describing the key terms for claim construction is another area where early assistance should be considered. Engaging a expert after the preliminaries are complete can result in underpowered strategies due to the inadvertent exclusion of useful patent intent and content.

Arthur Zatarain has also provided non-litigation support for patent matters involving valuation, licensing, technology transfer, and patent portfolio optimization. These projects often include research similar to that of litigation in an effort to properly frame the patent's scope, and to better evaluate the technology's position in the marketplace.

Such analysis can include claim construction, prior art research, success in the marketplace, and design-around options for competing products. Additional analysis tools include a Strength Weakness Opportunity Threat (SWOT) analysis to provide patent owners and potential-owners an objective tool to analyze single patents as well as patent portfolios having related technology.