Books and Publications

Books

Patently Persuasive
Patently Persuasive

Persuasion in civil litigation is one thing. Persuasion in patent litigation is quite another. In Patently Persuasive, Karen Lisko and Kevin Boully address persuasion common patent litigation challenges stemming from unique and changing facets of patent law coupled with the complexities of most patent cases. Those challenges impact decisions and strategies you apply from discovery through verdict. Drawing upon our research with hundreds of actual and mock jurors as well as mock and actual judges and arbitrators over the past 20+ years, and upon our extensive strategy consultation on patent cases, we discuss important realities of persuading your fact finder in patent litigation.

Ranging from persuasion in Markman hearings to specific strategies for patent holders and accused infringers in patent jury trials, Patently Persuasive focuses on research-based strategies for persuading juries and judges. It is written from the perspective of jury researchers who have advised patent litigators on persuasion strategy and draws from empirical research and practical experience to provide specific advice and recommendations for preparing and presenting a more powerful patent case at trial. 

Patently Persuasive, with an expected publication date in Spring 2013, is a publication of the American Bar Association available on the ABA Web Store and Amazon.com.

Articles

Jury Persuasion In An ‘Alt-Fact
Jury Persuasion In An ‘Alt-Fact' World
Stop the Ripples in Construction Jury Persuasion
Stop the Ripples in Construction Jury Persuasion
Test the Waters, But Don
Test the Waters, But Don't Assume That Bias Is Forever: Deepwater Hasn't Translated to Deep Trouble for Energy Defendants
Turn Interruptions Into Opportunities: Oral Arguments Before a "Hot Bench"
Turn Interruptions Into Opportunities: Oral Arguments Before a "Hot Bench"
The Head and the Heart: Juror Perceptions of Sports Concussion Litigation
The Head and the Heart: Juror Perceptions of Sports Concussion Litigation
The Better Teacher: Be an Expert at Testifying and Not Just a Testifying Expert
The Better Teacher: Be an Expert at Testifying and Not Just a Testifying Expert
Show, Don
Show, Don't Just Tell: The Persuasion Strategies Visual Persuasion Study
Mocking Corporate America: The State of Anti-Corporate Bias, & the State-of-the-Art Mock Trial
Mocking Corporate America: The State of Anti-Corporate Bias, & the State-of-the-Art Mock Trial
Corporate America in Lean Times: Do Today
Corporate America in Lean Times: Do Today's Jurors Have Shallow Sympathy for Deep Pockets?
What Is the Real Difference? Arbitration v. Jury Trial
What Is the Real Difference? Arbitration v. Jury Trial
Articles