Your Patent Infringement Case is Heading for Trial - Part 2

You have a patent infringement case. Let’s say that it’s headed for trial. This is part two in a series about patent infringement trials. In part one, we talked about leading up to the case, the pre-trial order, there is a day for sorting out exhibits and witnesses, motions in limine – that sort of thing. Now we’re at the trial. We’re selecting the jury. We’re giving our opening statements. And, the first thing that happens after the opening statement – in the opening statement we basically say this is what we’re going to cover, this is what we’re going to prove, this is what the evidence is going to show. Now, how does the evidence come in? Well, it comes in through witnesses. Through fact witnesses, these are the key people in the company – these are the engineers, these are the inventors, these are the managers of the company. We bring in exhibits – these are documents, electronic exhibits, physical exhibits, the actual products, the actual chemical composition (if it’s a chemical case). These are the things come into trial. The test results. And a big part of the patent infringement trial is put in through experts. It typically is the expert that I will put on the stand to go through the claims. For each and every element of the claims, where does that claim element exist in the accused product or the accused method? If I’m representing the infringer, the question is what elements are missing from the claim so that there’s not infringement? Also, for the accused infringer an important question is invalidity. Why is that patent invalid? Then back to the patent owner’s side of things. What is the answer to that contention of invalidity? What is that’s special about the invention? What did this inventor do? What did they bring forth that is new on this Earth? And why would it not have been obvious to a skilled technician in that particular technology? We do all of that through the experts. It’s also important to cross-examine the other party’s expert. I have won cases both through presenting direct testimony of expert cases – expert witnesses – that I put on and through cross-examination of the other party’s expert. We know what they’re going to say because we have taken their deposition. We often have it on video. They’re either going to have to stick to their story or if they deviate from it, we’re going to impeach them by showing that they gave other testimony before and that they’re now trying to back track. Jury instructions are at the close of the trial. If it’s a jury case or it’s a bench trial – that is if we’re presenting it to the judge without a jury – then we will propose findings and conclusions that support the court’s decision. But in either event, what we want to get to at the end of a trial is a judgment – a judgment in your favor. Why do I tell you this? Because a patent infringement case is important to you and to your company. When you have a patent infringement matter, call me. I’m Rich Beem. I do patent infringement litigation, that’s what I do – day in and day out. I like patent trials. I like explaining technology in plain English, using simple exhibits, and making the case interesting to the judge and the jury. Call me at 312-201-0011 when you have a patent infringement case. Thank you!