transcript   Transcript

Live Demonstration: Delivering an Effective Opening Statement in Patent Cases (Plaintiff v. Defendant)

Recorded on: Nov. 20, 2018
Running Time: 01:30:59

Full Transcript:

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Taken from the Web Program Patent Litigation 2018: Advanced Techniques & Best Practices Recorded November 2018 in New York

Live Demonstration: Delivering an Effective Opening Statement in Patent Cases (Plaintiff v. Defendant) [01:30:58]

Skilled patent trial lawyers usually start crafting their opening statements well in advance of trial to maximize the opportunity to organize and present a persuasive story, eliminate unpersuasive or confusing arguments, conduct jury research and refine demonstrative exhibits. Even though most patent cases involve complex technical subject matter, numerous documents, and conflicting experts, an effective opening statement can provide a roadmap for the jury to follow and illuminate the key issues.  This session will pit two skilled trial lawyers against one another in a live demonstration of a plaintiff’s and defendant’s opening statement in a patent case. A jury consultant will critique and comment on the openings. Because opening statements can sometimes be contentious, a District Judge will offer commentary on what is appropriate in an opening. The session will cover the most important elements of an opening statement and common mistakes made or missed opportunities by both plaintiff’s and defense counsel in delivering these statements. 

Gil Calvillo, Panel Leader; Candice C. Decaire, Keith R. Hummel

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:
  • David J.F. Gross, Helen Chacon and Nicholas P. Chan, Ten Guidelines for Developing a Motion in Limine Strategy for Patent Trials (July 16, 2018)
    David J.F. Gross
Presentation Material
  • Mock Opening Statement - Plaintiff
    Candice C. Decaire
  • Mock Opening Statement - Defendant
    Keith R. Hummel
  • (s)
    Gil Calvillo, Ph.D. ~ Owner & President, Calvillo & Associates
    Candice C. Decaire ~ Kilpatrick Townsend & Stockton LLP
    Keith R. Hummel ~ Cravath Swaine & Moore LLP
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