Winning Strategies In Intellectual Property Litigation

1
Winning Strategies In Intellectual Property
Litigation

• ABA Section of Intellectual Property Law
• Spring 2002 CLE Meeting
• Washington, D.C.
• Robert G. Krupka
• Kirkland Ellis
• Los Angeles, California
• 213-680-8456
• bob_krupka_at_kirkland.com

2
Know Your Goals

• What your client wants
• The appellate record
• Settlement possibilities

3
Begin At The Beginning

• Start with your closing argument in mind
• Look at the big picture
• Sweat the details

4
Know Where You Want To Go

• Get all the facts up front
• Decide which issues to pursue
• Determine what evidence will prove your case

5
What Evidence Can You Get Admitted/Excluded

• What helpful documents can you get admitted
• What harmful evidence do you need to
  exclude/rebut
• What demos will be helpful

6
How Do You Get Your Evidence Admitted

• Witnesses
• Pick experts wisely
• Rules
• Stipulations / Trades

7
Always Ask For A Jury

• Juries listen
• Juries care
• Juries are smart
• Juries are fair

8
Keep the Law an Ally

• Know the law cold
• Never stretch the law, unless you say you are
• Lobby for change, but only if necessary
• Stay updated every day

9
Earn the Courts Trust

• Candor is critical
• Never take advantage, except of the facts
• Make its job easy
• Never waste time

10
Win Over The Jury

• Be the most trusted person in the courtroom
• Be the best prepared
• have everything for everyone, especially opposing
  counsel

11
Tell The Best Story

• Show how the equities compel your victory
• Dont shy away from the IP basis of your case
• Make it understandable to an 8 year old level

12
Anticipate Everything

• Take nothing for granted
• appoint a devils advocate
• Be ready Plan A, B, C D
• Trials are messy
• just deal with it

13
Less Is More

• Present only your
• strongest claims
• strongest evidence
• strongest witnesses

14
Prove Your Case, But No More

• Tell your story, not theirs
• Keep it simple, but complete
• Ask for what you want, and prove youre
  entitled
• When you are done, STOP