The conduct or defense of patent infringement, trademark infringement, copyright infringement and similar IP litigation before juries demands specialized skills and experiences that differ from the skills appropriate to bench trials and trials in other subject areas, even other complex business areas. Knowing how juries react to patents, technology, trademarks, other IP, and infringement arguments, and knowing how to assert or counter infringement claims, requires attorneys who combine high level communication skills with a thorough understanding of IP, technology where appropriate, and trial technique.
Attorneys at Banner & Witcoff have proven skills in the conduct of patent, trademark, copyright and other jury trials. As an example, we have successfully conducted patent jury trials throughout the United States in wide-ranging technical fields, including in such diverse technologies as recombinant DNA pharmaceuticals, prosthetic hip implants, process industrial controls, automotive components, plastic injection molds, and textiles. Also, our attorneys have successfully tried complex copyright software cases to juries. Building on six decades of success in IP infringement bench trials, our attorneys have readily adapted to the jury revolution in IP trials.
Our experienced litigators have evaluated and battled both sides of virtually every issue that has or will arise in patent, trademark, copyright and similar IP litigation, both before trial and in the trial itself. The unique demands of a jury presentation are well known to firm attorneys, including presentations by video and computer simulation, in-court demonstrations, photographic and artistic evidentiary depictions, and the essentials of high quality lay witness and expert witness preparation.
The breadth and depth of Banner & Witcoff’s litigation practice has allowed its litigators to achieve extensive jury expertise, especially in patent cases, even though the shift to jury trials in patent cases has been relatively recent.