Many highly successful trial attorneys have taken on patent cases only to later find themselves in difficult conversations with disappointed clients. Similarly, many skilled patent attorneys have litigated cases only to find their seemingly ironclad scientific arguments fail. Frequently, this has more to do with the nature of patent litigation than with the merits of a particular case. In our view, the key to a successful patent litigation is an appreciation for the balance that must exist among several distinct parts.
When skillfully performed, patent litigation is a symphony.
An orchestra has four main sections: brass, strings, percussion and woodwind. Patent litigation can also be viewed as having four essential elements: science, persuasion, theme and a unique set of laws. And like the composer, the patent litigator must recognize the strengths and weaknesses of each element and strike the proper balance at the proper time.
