Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.
I was lead trial counsel for Sprint in a jury trial against Time Warner Cable, Sprint v. Time Warner, where we asserted willful infringement of five patents related to VoIP technology. Time Warner was represented by Latham & Watkins and Arnold & Porter Kaye Scholer. Our strategy was to build our case around a narrative of willful misconduct and to reiterate our narrative often — through witness testimony, documentary proof and graphics. After a three-week trial, the jury found for Sprint on all issues — finding Time Warner had infringed all asserted claims of all five patents, awarding Sprint its full damages ask of $139.8 [million] and finding the infringement was willful.
Share two trial tips that have been key to your success.
1) We construct our trials around narratives that keep the jury focused on our opponent. While it is important to convey to the jury positive impressions of our client, we have found it to be a more effective approach to keep the jury’s primary attention on the bad acts of the other side.
2) We distill our case into three sentences that will be used as the backbone for our narrative. These three sentences are repeated throughout trial. — Trent Webb