“Delivering an Effective Opening Statement in Patent Cases (Plaintiff v. Defendant),” PLI Patent Litigation 2017: Advanced Techniques & Best Practices, November 2017.

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 sometimes refer to contested evidence, a District Judge will preside to resolve objections that can occur during openings. 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.

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