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

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The unique and changing facets of intellectual property law coupled with the complexities of most patent cases create a different set of challenges for litigators in this area. Drawing upon their research with hundreds of actual and mock jurors over the past 18 years and upon their own strategy consultation on numerous patent cases, Karen Lisko and Kevin Boully discuss important realities of patent juries that demand consideration when trying cases before these fact finders. As a patent trial attorney, your objective is to provide jurors with the guidance they need to do their job: clear comprehensive of the tie-breaker issues through simple and effective advocacy. Patently Persuasive: Strategies for Influencing Judge and Jury, Second Edition gives you concrete pointers and practice-proven advice on more effective strategies for persuading the jury and other fact-finders. Topics include:

• Unique aspects of patent juries
• Judicial persuasion
• Jury selection
• Patent infringement and the jury
• Patent invalidity strategies
• Dealing with damages

Appendices include an example fact pattern and a sample juror questionnaire with supplemental questionnaire sections for both a patentee plaintiff and accused infringer.

Author Bio

Dr. Karen Lisko has more than 30 years of experience in courtroom persuasion in intellectual property litigation and is a senior litigation consultant at the law firm Perkins Coie LLP. She strategizes with sophisticated patent litigators nationwide on persuasive arguments in arbitrations and bench and jury trials. She holds a doctorate in legal communication, a specialized degree held by only a few consultants in the nation, and is past president of the American Society of Trial Consultants (ASTC), and a recipient of its highest honor of the ASTC Lifetime Achievement Award. Karen has consulted on high-profile patent cases beginning with the landmark AZT patent litigation in the mid-1990s and carrying on to numerous patent cases involving well-known technologies, consumer products, and pharmaceuticals. She has conducted numerous mock arbitrations, mock jury trials, and mock Markman hearings for those cases, and has assisted in selecting numerous juries for patent trials. She is also a frequent speaker on the topic of intellectual property litigation. When not working to meet book deadlines and provide case strategy on patent cases, she works out to keep up with her three active children and husband. Dr. Kevin Boully is a senior litigation consultant with the international law firm Perkins Coie LLP. He has bachelors degrees in psychology and crime and delinquency studies, a masters degree in forensic psychology, a doctoral degree in legal communication, and has been actively consulting with and assisting attorneys and companies in litigation since 2001. He is past president of the ASTC, as well as the former associate editor of the Jury Expert, and has spoken nationwide on topics ranging from jury selection to anti-corporate bias to persuasion in patent litigation. Kevin is also a published poet, a television writer for an award-winning late-night format comedy show, and a co-author of feature-length screenplays and sitcom pilot episodes for television. He is an avid outdoorsmen, hiker, and fly fisherman who loves to hang with his wife, Lauren, their two daughters Arden and Afton, and a variety of pets from dogs to chickens to turtles and beyond.