As we learned recently in following the high-profile litigation between Apple and Samsung over their smartphone patents, patent litigation can affect the very future of a company and can involve billions of dollars.
Yet patent cases often turn on highly abstruse and complicated scientific concepts that are quite difficult to explain to a jury of ordinary Americans. Some people say this means that patent litigation is essentially a game of chance these days, but it doesn’t have to be.
After all, in the Apple-Samsung case, a juror was quoted in the press as saying he had had an “aha” moment about a particular patent, and that he then “took that story back to the jury and laid it out for them and then we meticulously went patent by patent and claim by claim against the test that the judge had given us.”
The jury was able to come back with a verdict after only 21 hours of deliberation.
Lawyers really can explain complex and elusive concepts to a jury that is not well versed in science. There is no one magic bullet for doing so – but a well-versed trial consulting firm can help any trial team do so. One of the most important means, for example, is to use visuals in the form of photographs, schematics, animation, timelines, demonstrative evidence, or whatever is suited to the situation, and to explain them in ways that jurors who are not scientific specialists can understand.
We provide demonstratives, even in the most complicated patent cases, that are communicative and educational while also remaining stimulating enough to keep the jury engaged.
We believe that no scientific concept is too difficult to teach to a jury. We have found a way to successfully teach and persuade jurors about everything from the genetic development of cancer, genetically modified corn, stem cells, physical separation in patented pharmaceuticals, metal fatigue, the transportation of air, water and ground pollution, DNA, bioequivalence, how allergies work, epidemiology, physics, chemistry and countless applied science medical principles. With the right combination of trial team, trial consulting firm and expert consulting firm, any concept can be made understandable.
In that connection, we have prepared a 65-page e-book, “Patent Litigation Trial Presentation Toolkit - Version 2,” that will help patent lawyers understand the challenges that they face and some of the ways in which a top trial consulting firm can help them overcome these challenges
The book features such important subjects as “Patent Infringement Trial Graphics: Illustration and PowerPoint,” “Legal Animation: Learn About the Four Types Used in the Courtroom,” “Trial Exhibits: Antitrust, Pharmaceuticals, and Hatch-Waxman Litigation,” “Litigation Graphics: The Power of Checklist Trial Exhibits" and a two articles offering a detailed analysis of the Apple v. Samsung trial presentation from a patent litigator's perspective.”