3 Tips For Presenting A Patent Invalidity Case To Jurors

Law360 (September 13, 2019, 10:07 PM EDT) -- Persuading a jury of laypeople to invalidate patents issued by the government on complex technology they may never have heard of is a tall order for accused infringers. Here, attorneys who have won invalidity verdicts discuss how they pulled it off.

Demystify the Process

Invalidity arguments almost always face an uphill battle because the plaintiff holds an impressive-looking document from the U.S. Patent and Trademark Office and "is going to take that printed, stamped, ribboned copy of the patent and parade it around like a religious relic," said Darin Snyder of O'Melveny & Myers LLP.

"There's a presumption by people that...

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