Last month’s installment of this column focused on strategies for “winning patent cases on a budget,” with an emphasis on setting and sticking to efficient budgets. This month, I will focus on the “winning” part of that topic.
There are three drivers of success in patent cases that stand out above others:
2. Find the Right Expert
One often cannot choose the key witnesses who are needed to prove a claim or defense. For instance, as plaintiff’s counsel in a patent case, one is stuck with the inventors one is dealt. They may or may not be great witnesses.