By all accounts the number of patent infringement lawsuits filed annually is
increasing. A typical patent infringement case in the United States can cost
anywhere from $1M to $3M in legal fees for each side. With so much at stake,
it is critical that IP litigation attorneys can effectively communicate and
convince the jury of their argument.
There are many strategies for drafting patent claims (e.g., product clearance,
licensing, etc.), but all claims should be drafted with a particular audience
in mind – the jury. A jury of laymen must ultimately understand and determine
the outcome of what may be a very technical, and in some instances subtle, lawsuit.
Over ten years advising more than 500 companies, ipCapital Group has developed
an effective means for communicating intellectual property depth, breadth, strength,
and value to a variety of audiences. This has included
- Assisting early-stage companies raise hundreds of millions of dollars by
communicating their intellectual property to potential investors;
- Working with investment banks to convey the intellectual property “story”
in mergers & acquisition transactions; and
- Licensing and selling intellectual property by communicating how the intellectual
property will benefit the licensor.
Using similar techniques, ipCapital Group is able to develop for its clients
concise, easy to understand presentations that can be used to demonstrate to
relevant parties in a patent infringement lawsuit the relevance of the plaintiff’s
intellectual property to the inventions, technology, products, markets, and
business. Used in conjunction with a claim chart, a one-to-one mapping of the
claim language to the product and/or service, attorneys can graphically demonstrate
to an audience that may be unfamiliar with the technology what the intellectual
property protects.
To obtain more information or discuss your unique challenges please contact us.