Introduction

• Author: Joseph M. Potenza - Christopher J. Renk - Thomas K. Pratt - Erik S. Maurer
• Pages: 1-2

Section A

The objective of this course is to develop and improve trial skills through “learn-by-doing”

techniques. Participants should expect to become more proficient in examining and cross-examining

fact and expert witnesses; in handling, authenticating, and introducing documents and other exhibits;

and in other trial skills involved in patent litigation. The course is based upon a hypothetical patent

infringement controversy that has reached the trial stage. This trial will be a jury trial in Federal

Court.

The materials contained in this volume constitute the case file of this patent controversy. All

information necessary to prepare for, and participate in, the course is contained in these materials.

While the case file is intended to fully portray the patent controversy, the course will not be conducted

as a full trial in the traditional sequence. Rather, trial skills will be developed in the context of

particular problems that are designed to simulate the courtroom proceedings in various portions of

a full trial. Students should consider the issues raised by the facts of the controversy and develop a

total trial approach or philosophy.

The course is not designed or intended to be a lecture series on the subject of patent trial

advocacy. Each session will consist almost entirely of performances by the participants and critiques

by the faculty. This is strictly a “learn-by-doing” approach to instruction. Half of the participants

in each group will assume the role of Plaintiff’s counsel, and the other half will assume the role of

Defendant’s counsel. Analysis of the problems from both the plaintiff’s and the defendant’s points

of view is required if offensive and defensive strategies and tactics are to be effective. The setting

is intended in all respects to simulate a courtroom atmosphere.

In a typical problem, such as the direct and cross-examination of one of Plaintiff’s fact witnesses,

a student from Plaintiff’s group will be called on to begin direct examination of the witness. During

this examination, the other students in the group (including those assigned to represent Plaintiff)

may raise appropriate objections to the form or content of the questions asked of the witness. This

“all object rule” applies to all trial problems unless otherwise indicated.

After each team has conducted its examinations, the faculty and the other students will critique

these individual performances. Students are expected to offer constructive suggestions and discuss

the techniques employed.

Except for those problems that specifically deal with the handling and introduction of exhibits,

all documents and exhibits are to be treated as already admitted into evidence. Specific instructions

are provided for each problem dealing with exhibits.

Introduction

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