Meet the new model patent litigator

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Meet the new model patent litigator

The emergence of multinational patent disputes demands new skills from patent litigators. What impact will this have on the IP profession?

MIP February 2015 coverWe’re all familiar with the stereotypical litigator: confident, bold, flamboyant. They’re as common in IP as in other fields of law, and I’m sure readers will be able to name some examples close to home (some might even raise their own hands at this point).

Such qualities are clearly necessary for success in many trials, particularly where oral evidence and cross-examination are important, and especially in the US where there are juries.

But, speaking to litigators around the world for the cover story on multinational patent disputes in our February issue (now live online – subscription or free trial required) I was struck by how often they talked about coordination, understanding and adaptability – the kind of soft skills not often associated with litigators.

More than one told me, in effect: “You have to suppress your ego in these kinds of cases.” You may not be able to pursue the points you want, or even bring an action where you want to, if it is not in the clients’ worldwide interest to do so.

Instead, the key to success is often based on sitting in conference calls and listening to updates from other jurisdictions, and being willing to adapt your strategy in the light of what is happening elsewhere.

Researching the article, we spoke to experienced litigators around the world, from firms such as Bird & Bird, Fish & Richardson, Hogan Lovells, Kim & Chang, Kirkland & Ellis, Quinn Emanuel, WilmerHale and Wragge Lawrence Graham & Co. We also interviewed in-house counsel at ARM, Huawei and Nokia about their approaches to multinational litigation.

All agreed that multinational patent disputes are becoming more common, thanks to globalisation, litigation strategy and competition between lawyers (and judges) in different jurisdictions, as well as the emergence of new battlefronts, such as the IPR proceedings in the US and hearings before competition authorities in some countries.

The Apple v Samsung litigation (now settled outside of the US) was perhaps the most high-profile example of multinational litigation, though Microsoft v Motorola and other disputes in the smartphone sector may yet eclipse it. But other industries also see disputes that span several jurisdictions, and judges seem to be increasingly conscious of the global nature of disputes (for an example, see the ruling in the Australian litigation over Myriad’s patent).

If this trend continues, and litigators have to focus more on cooperation, coordination and managing teams, will that change the way they work, how they gain experience and even the type of people that are attracted to specialise in this field? On the IP Kat blog yesterday, Jeremy Phillips asked what the typical patent practitioner will look like in 20 years’ time. In litigation, at least, the future could be quite different from the past.

more from across site and ros bottom lb

More from across our site

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article