Litigating patent infringement claims on behalf of Plaintiffs and Defendants requires a unique set of skills, and only some litigators understand what it takes. You have to understand the client’s technology, the background of the industry, how to read and interpret patent claims, how to read and understand prosecution history, litigation strategy, discovery and evidentiary rules, ability to use experts and patent monetization strategies.
In addition, often times, you are dealing with a variety of other attorneys, inventors, professionals and personalities. However, to be effective as a Lead Counsel, you must be able to understand the details and how they fit into your overall strategy for establishing infringement, non-infringement, invalidity, anticipation, obviousness, lack of enablement, undue experimentation, walker process counterclaims, antitrust counterclaims, indirect, contributory and/or vicarious patent infringement.
Many times, people have a difficult time dealing with experts, other attorneys or individuals that may believe that they know the technology, patent monetization strategy, prosecution history, or industry better than you do. You have to be willing to accept input where needed, but be willing to stand your ground where needed to make sure that you are able to develop a cohesive litigation strategy that helps your clients win.
It is a challenging process that requires you to learn new technology quickly, use inventors, prosecution attorneys and experts’ input where needed, but at the same time push back to ensure that the overall strategy is not disrupted by focusing on irrelevant subject matter. Patent litigation is a fun, but business driven necessity in our modern economy, and having the right patent litigation attorney represent you can be the difference between a winning and losing patent infringement suit.