Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.
[We] stepped in just six months before trial to defend Google Inc. in a patent infringement case that sought over $100 million in damages and threatened the world-renowned Google Earth app. After a weeklong trial, a Delaware federal jury found Google did not infringe a patent held by Art+Com Innovationpool and invalidated the patent. The case was complicated by a long history of presuit interactions between plaintiff and Google employees who developed Google Earth. And it was further complicated by the PTO having already considered the anticipating prior art. The case turned in Google’s favor during cross-examination that yielded revelations about the plaintiff’s invention and product development efforts. The jury provided Google and O’Melveny with an across-the-board victory.
Share two trial tips that have been key to your success.
1) Stifle the urge to argue every point. The most effective trial presentations maintain focus on a few, simple themes. Discard everything else.
2) Winning at trial requires a compelling story corroborated by evidence. But the jury scrutinizes the entire team as the embodiment of the client and the case. They notice everything. — Darin Snyder