Intellectual Property

Intellectual property litigation is one of Persuasion Strategies’ predominant specialties. We have consulted on a number of high profile patent cases beginning with the landmark AZT patent litigation in the mid-1990s and carrying on to numerous patent and trademark cases involving well-known technologies, consumer products and pharmaceuticals.

We have significant experience with intellectual property cases involving patent infringement disputes, copyright/trademark infringement, and consumer confusion claims. We have consulted on patent cases related to: consumer products; computer software; medical devices; pharmaceuticals; and recreational items. This experience includes judicial research in mock Markman hearings, mock arbitrations, and mock bench trials. In addition, we have assisted with jury selections and actual jury debriefings with over 1,000 prospective and actual jurors throughout the U.S. Kevin Boully has lectured extensively on persuasion in intellectual property litigation and has published a book for the Section of Intellectual Property of the American Bar Association, entitled Patently Persuasive.

A representative matter demonstrating our role in intellectual property litigation was a recent patent dispute involving questions of jurisdiction. Our client brought us in to make a recommendation about the better venue for their case. We conducted community attitude surveys and mock trial research to determine the better option. The client was successful in setting the case for trial in that venue. We then conducted more focus group research to refine themes, helped prepare witnesses, assisted in jury selection, and provided graphics support. The client’s strong sense of their case value and direction enabled them to settle the case in a way far more within their comfort zone.

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