Top Secrets Patent Infringement Litigation Attorney Won't Share

The Hidden Strategies of Patent Litigation Attorneys

While many patent litigation attorneys are forthright about their strategies, some secrets remain closely guarded. One such secret is the importance of a comprehensive prior art search. This involves reviewing existing patents and literature to determine if the contested patent truly offers a novel invention. A thorough search can often make or break a case, yet it's a step that some attorneys might underemphasize to maintain their competitive edge.

Another insider tactic is leveraging expert witnesses who can provide authoritative testimony on complex technical details. These experts can significantly influence the outcome by clarifying intricate aspects that are often beyond the understanding of a typical jury. Additionally, attorneys might not always disclose the strategic timing of filing motions or the use of mediation as a tool to reach a favorable settlement without the costs of a full trial.