graphics for intellectual property cases

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.

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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.