News, views and tips on litigation graphics, trial strategy and the law.

Interactive Tutorial / Markman Presentations: The Essential IP Attorney Tool

September 27, 2023 by 1 Comment

This post is by Dave Nugent, Senior Producer at Cogent Legal

Early in my career as a Litigation Media Producer, I supported an attorney’s tutorial and Markman presentation in a Federal District Court patent matter. The case was assigned a studious, no-nonsense IP judge. For the tutorial, she often would enter the courtroom nearly as well versed on the case and technology as anyone in the room. She would use the tutorial hearing as an opportunity to fill any potential holes in her understanding of the case and technology at issue.

Our lead attorney, however, wanted to prepare his tutorial in a style he was most comfortable with—a linear step-by-step PowerPoint overview of the industry background, prior art, and the problems or needs that the invention addressed.

When our attorney launched straight into his linear presentation with his recitation of the invention’s background and prior art, the judge showed immediate impatience, and abruptly waved the flustered attorney off with a terse, “I read all that in your brief, counsel. I have some questions for you.”

Rattled and fairly embarrassed before the assembled court, the attorney tried to answer the questions while associates were trying to hunt through the PowerPoint in working mode, to find relevant sections that were buried deep in the rigidly sequential PowerPoint. This process was slow, cumbersome, disruptive and added further irritation to the judge’s patience and poor assessment of our legal team’s perceived preparedness!

It was a bad day in court.

[Read more...]

IP Attorneys: A Guide to Effective, Engaging Graphics for Patent Litigation

September 18, 2023 by Leave a Comment

Apple’s recent victory over Samsung in their patent infringement case had to be one of the most closely watched intellectual property cases ever, and trial graphics played a decisive role in shaping juror and public opinion. In fact, juror post-trial interviews revealed that two key Apple demonstratives, out of many weeks of trial argument and testimony, are what impacted and swayed the jury.

Whereas the Apple case involved primarily a “look and feel” that is not terribly difficult for laypeople to reach their own conclusions about, IP cases generally involve extreme technical detail and subjects that can be exceedingly difficult for a nonexpert to understand. For this reason, litigation graphics are needed and developed for patent and other IP matters more than almost any other field of law.

Cogent Legal has produced an interactive guide to show our approach and share our ideas for developing litigation graphics for intellectual property cases. In today’s information-saturated world, jurors and others expect to obtain information visually and interactively. Graphics, such as the samples you’ll find in this guide, enhance oral and written arguments so attorneys can present information in the most effective and engaging way possible.

Click here or on the image below to view the guide. (Note: it must be viewed on a Flash-enabled computer or mobile device.)

At Cogent Legal, we offer the experience of Senior Producer Dave Nugent, who has developed graphics for patent cases for over a decade. Dave was one of the pioneers of using interactive, web-like navigation to create compelling multimedia presentations for the judge at the tutorial and Markman phases of litigation. Introducing graphics at the tutorial and claims construction phases of an IP case helps to visually shape the argument for subsequent hearings and trial. When the tutorial and Markman presentation are done in an interactive and navigable format—as shown in a sample embedded in the guide—it is also well suited to handing off to the court for reference and review.

I hope you’ll check out our online guide to intellectual property litigation graphics, and I’d welcome your feedback on it in the comments below or contact me.

How to Use Technology Effectively in Mediation

September 14, 2023 by Leave a Comment

[UPDATE: We uploaded the webinar on SlideShare and embedded it below so you can watch the whole thing if you like.]

Yesterday, I co-presented a CLE webinar on “Technology for Better Mediation” along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. One of the things I admire about both Miles and Jeff is their forward-thinking use of technology and graphics in litigation—not just for trial, but also for briefing and mediation. Since both Miles and Jeff specialize in high-end personal injury and wrongful death litigation, these type of cases were the focus of this discussion. This post summarizes the practical take-aways we shared, which we hope will help attorneys get the best results possible for their clients.

When we talk about “technology for mediation,” we’re often really talking about ways to create visualizations of the case; that is, ways to show your case in an understandable, engaging way. You might be asking yourself, “Why is this something I should bother with for mediation?” [Read more...]

Graphics to Help You Better Build Your Construction Case

September 10, 2023 by Leave a Comment

When it comes to construction issues, I feel like the actor in that old ad on TV who says, “I’m not a doctor, but I play one on TV.” I’m not in the construction field, but I litigated construction cases for over a decade and consequently couldn’t help but develop an expertise in construction standards and practices. In a similar way, some med-mal attorneys I know have a better understanding of proper standard of care than even doctors do. When you have to prosecute or defend a case that revolves around highly technical issues, you’re sure to learn the subject inside and out.

With this in mind, making the transition from litigating construction-related cases to developing graphics for those types of cases has been a natural fit for me personally and for Cogent Legal as a firm. We strengthened our foundation in this area, so to speak, by bringing two architects onto the Cogent Legal team, whom I’ll tell you about below.

One construction attorney I know mentioned to me that he hesitates to use graphic design firms for litigation since he has to spend so much time explaining what he needs and what the case is about, which is frustrating. This is a shame since there are few other areas outside of patent law cases that virtually require the use of well-done graphics to present the case, since the cases are highly technical and lend themselves to visuals that show what caused problems, what the standards of care are and other issues.

To give attorneys ideas about how they can build and present their construction cases with timelines, animations and other interactive informational graphics, I asked my office to prepare an online brochure (click here or on image below; note, it must be viewed on a Flash-enabled computer or mobile device). [Read more...]

Two Top Infographics for Mediation of Employment Cases-And How You Can Make Them Yourself

September 5, 2023 by Leave a Comment

This is an abridged version of an article I wrote for the September 2012 issue of the California Labor & Employment Law Review. Reprinted with permission of the State Bar of California and the California Labor & Employment Law Review.

It’s a simple fact that if you face a high likelihood your case will resolve at mediation, then you should put all you can into mediation to get the best result for your client. This includes using courtroom graphics not just in court for trial, but for mediation.

Having represented many clients in employment cases, from wage and hour to discrimination to class actions, I saw that certain issues arise in almost all employment cases and are especially well suited for graphic presentations.

This post focuses on two types of graphics particularly effective to use in mediation for employment cases: timelines and organizational charts. I’ll describe some basic tips to make them on your own, and discuss more advanced options.

[Read more...]