Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.
We earned an important victory in a suit that sought $2 billion in damages from Intel for alleged infringement of a patent relating to microprocessor circuits. The six-day jury trial in Delaware resulted in a finding of no infringement — complete vindication for Intel. Among the factors that led to our success were: (a) a focus on teaching the technology to the jury — we believed if they understood the technology, they would understand the problems with plaintiff’s claims, (b) showcasing the independent development of Intel’s technology, including by presenting the testimony of several engineers who had each worked at Intel for over 20 years, and (c) exposing the hedge fund that was funding the litigation, which undercut plaintiff’s attempt to present a “David v. Goliath” theme.
Share two trial tips that have been key to your success.
1) Credibility is the key. Jurors and judges would rather see an honest concession of a bad fact, than an attempt to avoid or sugarcoat it. Better to be forthright — that will earn the respect and trust of the jury and judge.
2) Always keep the overall thematic and narrative framework in mind, and help the jury understand how particular facts fit into the big picture. — Bill Lee and Joseph Mueller