Patent and other intelletual property cases are known for being notoriously difficult. Not only do they often involve complex technology, but the core of the claim frequently centers on an argument about meaning. Legal writers and engineers may be used to having those discussions, but your average juror isn't. Here at Persuasion Strategies we see patent litigation as one of our main areas of emphasis, and two of our senior consultants even wrote the book on persuasion in a patent context (Lisko & Boully, 2013). So for this post, I thought I would revisit a few of our top patent posts and share them here, all in one place.
By Dr. Ken Broda-Bahm: Last month, Uniloc USA lost a multiyear battle against Microsoft to preserve a $388 million jury award against the software giant, and will now be retrying the patent infringement case on damages alone. One thing Uniloc has in its corner for retrial is a compelling invention story: a plucky Australian inventor working since the early 90's to figure out how to prevent the ubiquitous practice of copying software to multiple machines, only to see his novel solution incorporated without compensation into Windows XP and Office programs, according to Uniloc. Invention stories won't always have legal relevance. Microsoft's software either infringes or it doesn't, and the story might only legally bear on the less frequently argued element of wilfullness. However, from the perspective of persuasiveness, the story matters in nearly all patent disputes, as arbitrators, judges, juries, and even examiners look to the story in order to determine what is original and novel about the invention. This post takes a look at why you should tell an invention story, when you should tell it, and how you should put that story together. Continue reading