Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.
From the client’s perspective, all trials are the “biggest,” and our team approaches every matter that way. For the legal community, the In re Modafinil trial is perhaps most interesting, as this was only the second “reverse payment” case to go to trial since the Actavis decision (my team also tried the first one, In re Nexium).
The case was significant because claimed damages were in the billions, the law remains uncertain and the legal substance involved complex overlap between antitrust and patent laws.
After the four-week trial, with the jury charged, we settled. The judge praised the lawyers, noting he would title the case “The Lawyers Tried This Case Very Well.” He called my examination of an expert “textbook.” It was gratifying praise for my team.
Share two trial tips that have been key to your success.
1) Be yourself. Jurors won’t forgive a phony and they are superior at detecting one. Sincerity and being genuine are paramount.
2) And if you cannot tell the story of the evidence in five simple concepts, you aren’t ready to try the case. This isn’t because juries need simplicity, [but] because honest and compelling arguments are simple at their essence. — J. Douglas Baldridge