Frederic M. Douglas On IP Litigation

© Frederic M. Douglas 2010.  All Rights Reserved.

 (A) Review Jury Instructions and Prepare a Proof Rubric

       Determine what the plaintiff needs to prove and what the defendant would like to prove.  Prepare a list of documents and testimony needed to support your case and refute the plaintiff's case.  From this list, you now know what type of evidence to gather.

 (B) Propound a First Set of Written Discovery Requests

       Ask questions to identify witnesses and to find out what documents exist.   Seek information on inventorship (conception and reduction to practice), prior art, patent prosecution, and persons knowledgeable about these topics.  Propound requests for admission to exclude factual issues for trial.  Propound a global request for documents early, as you undoubtedly will encounter resistance requiring efforts to pry documents from the plaintiff.

 (C) Depose the Patent Prosecutor

       In some jurisdictions, you may encounter resistance on deposing the…

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