When managing intellectual property litigation, in-house counsel can feel like the producer of a major motion picture. An IP case, like a Hollywood movie, progresses through several stages, from the introduction of the characters and conflicts to the climax of trial and ultimate resolution. The challenge for in-house counsel is producing a blockbuster hit like Titanic, with a budget on the level of The Blair Witch Project. This series of articles will explore strategies for managing costs, without sacrificing quality, at each stage of an IP case.
Strategies for selecting reasonably-priced, high-value players
Hire expert witnesses early
Engaging expert witnesses at the beginning of the litigation maximizes their potential value and can help to manage costs as the case progresses. For example, experts can provide valuable assistance during discovery by helping the attorneys to tailor discovery requests for key technical or financial information or by identifying fruitful topics to cover during depositions. Experts can also assist the legal team in narrowly tailored searches for key documents, saving time on document review and highlighting key issues and “smoking gun” documents early in the process. Experts can also provide input about the technical merits of potential claims and defenses, the value of the case and potential settlement, or other matters relevant to the overall legal strategy and scope of the litigation.