Patent trial lawyers who speak down to judges and juries, don’t follow the rules or come unprepared are going to be quick to raise the ire of the court. Here, several experienced litigators share tips to stay in the good graces of judges overseeing patent cases.
Know Your Audience
When it comes to presenting a patent case, not all courts are the same.
In a place like Delaware or the Eastern District of Texas, where the judges have handled countless such cases, a refresher course on patent fundamentals won’t be necessary.
“If you’re in a jurisdiction in front of a judge who sees patent cases all the time, don’t spend the first 10 minutes of your argument going over the basics of patent law,” Wyley Proctor of McCarter & English LLP said.