Patent litigation requires a lawyer who can take complex technical issues and explain them in a way that a judge and jury will understand. This requires that the lawyer first develop a solid grasp on the client’s technology and its role in the client’s business model. The lawyer must then identify the key issues in the case, and develop a case strategy and theme that is supported by the applicable law, and also persuasive at a common sense level.
Our attorneys know from decades of experience, how to evaluate the asserted patent, the accused product or process and the prior art, and develop a winning approach. Our attorneys have successfully tried patent cases to juries in courts around the nation. Our attorneys have handled patent infringement cases covering a wide array of technologies including computer hardware and software, communication networks, pharmaceuticals, nutritional supplements, medical devices, surgical equipment, chemical processes, business methods, construction safety devices, and snowmobile equipment.
Here at Winthrop, our lawyers think it is important to work with the client at the outset to identify exactly what is at stake in the case. Once the business risks and rewards are identified, our attorneys work with the client to develop a litigation team, strategy and budget that are appropriate to the needs of the case. Our attorneys combine courtroom skills with a deep understanding of patent law
and the technology at issue.
Our attorneys collaborate with the client to develop a case theory that is coherent, consistent and persuasive to a judge and jury. This case theory helps guide our work on all aspects of the case, from discovery, to claim construction, to dispositive motion, through trial. Our attorneys understand that expert witnesses are often of critical importance in patent cases, and that it is best to identify experts get their input early in the case.
Our patent litigation attorneys understand the importance of bringing the issues to life in the courtroom and work with expert witnesses and graphics specialists to develop evidence and demonstrative exhibits with strong visual impact. Our attorneys have employed laser scanning confocal fluorescence microscopy to demonstrate that the carbohydrate- lipid-protein structure of an animal feed product matched the requirements of the patent claims. Similarly, our attorneys have used computer-generated 3-D animations to show that a prior art machine (which no longer was in existence) operated in the same way as the alleged invention and invalidated the patent claims.