Patently Persuasive: Strategies for Influencing Judge and Jury, Second Edition

Persuasion in patent litigation is so specialized compared with other types of litigation. The complexities of most patent cases create a different set of challenges for litigators, juries, and judges. We know factfinders focus on behavior as much or more than claim language and technical descriptions. But how you balance behavior with the technical takes skill. Drawing upon their research with hundreds of actual and mock jurors over the past 30 years and upon their own strategy consultation on patent cases in the hottest patent jurisdictions, Karen Lisko and Kevin Boully discuss important realities of persuading patent juries, judges, and in this edition, Administrative Law Judges at the Patent Trial and Appeal Board (PTAB). As a patent trial attorney, your objective is to provide factfinders with the persuasive guidance they need using a clear approach through simple and effective advocacy. Patently Persuasive: Strategies for Influencing Judge and Jury, Second Edition gives concrete pointers and practice-proven advice on more effective strategies for persuading the jury and other factfinders. Topics in this second edition include:

• Unique aspects of persuading patent juries
• A new chapter on oral persuasion before the Patent Trial and Appeal Board (PTAB)
• Judicial persuasion with direct quotes from interviews with numerous judges and patent litigators
• Jury selection techniques that focus on time-efficient questioning of patent juries
• Patent infringement strategies for plaintiffs and defendants
• Patent invalidity strategies for plaintiffs and defendants
• Dealing with damages on both sides of the case

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