For those of you who could not make it, you missed a very pertinent panel on how judges view IP cases. I will post a more thorough summary later today, but here are some ways we can help judges in IP cases.
What can you do to improve your case in the courtroom? Use plain English, according to Judge Huff. Stop using legalese. Start and end your motions and briefs strong. Let the judges know you know what you are talking about and that you can express your ideas clearly and concisely.
Judge Boland requested lawyers to load up on facts in discovery hearings. The judges know the law — they have seen all of the discovery motions before. Judges want to know why your view should be adopted. That means they want to know about the details of our case and why a discovery motion would be a burden.
Also, when coming up with claim construction it is often advisable to find a middle ground. If you aim for a middle ground — although you should still powerfully word your construction and at lest slightly favor your client — you may have a better chance of having your construction adopted. And if your definitions are adopted, you can help control the case.
