Introduction

• Author: David A. Allgeyer
• Pages: vii-ix

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INTRODUCTION

I have been involved in one way or another with patent disputes

since the mid-1980s. Patent litigation became particularly pop-

ular with the creation of the Court of Appeals for the Federal

Circuit. That court, which hears virtually all patent appeals in

the United States, helped establish the importance of patents

and recognized significant rights for patent holders. Not the

least of the rights included fairly robust damages. Jury trials

were the norm, which seemed to bring some big verdicts. Patent

litigation became a hot item.

But it often got expensive. My first patent trial—decades

ago—was over a patent license agreement that also included

trade secret claims and some other matters. The main issue was

whether the defendant’s products fell within the claims of the

licensed patents—if they were valid—and whether royalties

were therefore owed on their sales. Discovery took well over a

year. There were discovery and dispositive motions of all sorts.

It took well over a month to try the case to a jury and about a

year more for post-trial motions and appeal. The opposing party

initiated parallel litigation in other U.S. courts and one case in

Canada. It took years to conclude the whole thing.

I tried the case with a team that included a partner in my

firm, a former Supreme Court Chief Justice, who was one of the

best trial lawyers in the state. Our team also included the head

of a patent boutique firm, who was the “dean” of the state patent

bar, and his associates. It was a great experience for a young

lawyer and taught me—under fire—how to try a complex pat-

ent case. The judge was diligent and thoughtful. The jury was

attentive and dedicated to their task, unfamiliar as it must have

been to them. And we won! So this was a great experience for the

lawyers on my side of the case.