One of the more sought-after qualities of a career is variety. For IP litigators, this quality is abundant. Each day brings new challenges and exciting opportunities. From trials to conducting extensive research and meeting with clients throughout the entire process, a day in the life of an IP litigator is interesting, exciting and important. Read on for a closer look.
Consult With Clients
The most important aspect of an IP litigator’s day is the continual understanding of a client’s business and their objectives. With that understanding, an IP litigator can effectively work with clients to strategize and best prepare for potential litigation. This starts the moment they step into the office by holding meetings and contacting their clients. Not only is this a critical step in developing their strategy for a case, reaching out to clients assures them that their IP litigator is on their side and focused on gaining a favorable outcome.
As IP litigators begin to strategize, they must also research the case at hand. The attorney and their team must collect evidence to support their case, which includes gathering statements from their clients as well as any possible witnesses who may have knowledge of the case.
Included in the research phase is the formal process of discovery – a process in which both the prosecution and defense will engage. This process is the exchange of information between the parties of what each side may use at trial. A deposition – a statement made out of court but under oath by anyone involved in the case – is a common mode of information gathering during the discovery process. Information gleaned from a deposition may be used to continue building a case or to present a case at trial.
IP litigators may also look to collect statements from experts who can speak to the topic of the case with authority. This can include former and current professionals within the field in question as well as those who have studied the field from an academic perspective.
As the research progresses, IP litigators will also review applicable patent, trademark, and other relevant intellectual property law. Patent litigation, for example, is incredibly detail-oriented work and much of an IP litigator’s day is spent ensuring their strategy is able to withstand the scrutiny of the law.
Depending on a number of factors – including the complexity of a case – the research and discovery phase of IP litigation could take months or even years to conclude.
Arguing a case at trial
Once the strategy has been drafted and the research has been completed, it’s time for an IP litigator to argue their case. The process of getting to trial is a long road, and IP litigation is only as dramatic as the attorneys and clients involved. A skilled IP litigator will have confidence that their case is strong enough that they need not rely on theatrics to obfuscate the truth.
Patterson Thuente is here for you when your intellectual property has been damaged. You deserve to use your IP as you see fit, and to be free from others looking to claim your work as their own.
If you are facing misuse of your intellectual property, reach out today for a consultation.