Retaining Your Patent Litigation Attorney


Litigation is essentially the acting out of a strategy from the law firm “war room”. The difference in patent litigation is that the jury members called to give a verdict will be at risk of not understanding the finer points and testimony, if the effort is not made to ensure:

• Presiding judge permits jury note taking throughout trial

• Opposing counsel does not eliminate or refuse jurors deemed friendly to your case

• Expert Witness can elaborate on details without losing jurors’ attention

Patent Trial Duties

When seeking representation one of the first things to determine is your attorney’s appearance and attitude. Are they personable? Also review his success record. He will be on stage before a jury eventually, and you cannot afford to have them develop animosity for your attorney or resentment if he talks down to them. He also needs to be able to explain complicated patent details and infringements clearly and concisely for the comprehension of each juror.

Your attorney will have a plan that he cherishes as the premier plan for success in litigation. Comply with his directions if you have determined he is concise, easy to understand and personable.

Selections Your Attorney Makes for You

There are determinations your attorney will need to select for you that can make or break your case:

• Jury Selection – This is a misnomer, as the jurists are not selected as much as they are actually “weeded” out from the ones who will sit on the panel. It is imperative that the attorney find friendly faces and eyes.

• Getting permission from the judge presiding for jurors to take notes throughout the trial.

• Witness Selection, both Expert Witness and Material Witness – Your attorney must select the most knowledgeable and forthright speaking Expert to testify without going over the heads of the jury. He must also question or depose an important Material Witness to interactions requiring sworn testimony.

• Prepare acceptable Instructions to the Jury. Wording of jury instructions can confound or illuminate the minds of the jury, and your attorney must have his unique presentation and wording that will be approved by the judge and clearly understood by the jury. Trials have been hung or lost due to clumsy jury instructions.

Comply With and Trust Your Counsel

After retaining your attorney, comply with his requests and do not second guess him. He represents success or failure in your legal battle.

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