Chief IP officers do not need to assume that every dispute will reach a jury. They should, however, recognize that strategic preparation can strengthen their company’s position.

Companies spend significant time evaluating patent claims, technical merits, and outside counsel when litigation begins. Yet many still treat trial strategy as something that can wait until discovery is complete or a trial date appears likely.

By then, many of the decisions that will shape the trial have already been made. Claim construction has been decided. Interrogatories have been answered. Depositions have been taken. Documents have been requested, collected and organized around particular theories of the case. Technical issues have been framed in ways that may be difficult to change later.

Chief IP officers do not need to assume that every patent dispute will reach a jury. They should, however, recognize that preparing a case with trial in mind from the outset can strengthen the company’s position throughout the litigation, including during settlement discussions.

How trial strategy shapes litigation long before trial

Everyone understands that – regardless of whether the company is plaintiff or defendant – it must determine what story it needs to tell to explain its position to the judge or jury. Equally important, however, is identifying who can tell that story persuasively.

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