Intellectual Property Law

Trial Tactics, Boundaries, and Penalties

By Deven Desai

The idea that one should be a zealous advocate for my client may be good, but it can also lead to large sanctions. The image of the ?I?ll do anything to win? lawyer may be exacerbated by media; yet many firms have that attitude without any need of media reinforcement. Two recent intellectual property cases highlight the problems of that approach. Both involve millions of dollars. One resulted in close to 2 million dollars in sanctions, and the other will likely result in a sanction of similar amount. Both raise questions about judges, trials, and questions of law or fact. When, if ever, should a judge stop a trial that seems to have no basis or that has an event so egregious that it will merit setting aside a jury verdict? If a judge lets the case proceed, and then later sets aside the verdict as well as ordering the payment of fees, should the fee claim be stopped at the time at which the offending event occurred? A recent patent case highlights these problems.

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Full post as published by Madisonian.net on February 15, 2008 (boomark / email).