ThemeVision LLC - Trial Consultants

  Intellectual Property

   Representative Experience

Both judges and juries are often bewildered by the complexities of IP litigation. IP trial counsel are therefore in the distinctly challenging position of striking the most effective balance between education and persuasion. ThemeVision’s trial consultants routinely work with corporations and their outside counsel to develop strategies for effectively and persuasively communicating the complexities of IP litigation to judges and juries.

Where potentially dispositive issues will be heard by the court, such as Markman hearings, our consultants recruit a sample of former federal judges or other appropriate surrogates to serve as focus groups for briefing and oral arguments. Like mock jurors, the “mock judges” receive key information in a controlled and unbiased manner. Their reactions are then precisely recorded, quantified, analyzed, and reported. The result is a telling glimpse into the minds of the judiciary and a chance for the trial team to hone the arguments and exhibits.

Where IP issues will be tried to a jury, we employ a variety of social science methodologies (including focus groups, mock trials, jury simulation studies, telephone surveys, internet surveys, and other methods) to assist trial teams with developing effective themes, arguments, demonstrative evidence, and jury selection strategies.

Patent Litigation Involving Target Acquisition Devices- California
Worked with the defendant in a patent infringement case involving target acquisition devices for use in long-range shooting.  We assisted with the development of graphics, demonstrative exhibits, and presentation strategies for a Markman hearing in the Northern District of California.  Result: The graphics were used successfully at the Markman hearing and the case was subsequently resolved by settlement.
Patent Jury Trial: Adhesive Manufacturing- Indiana
Developed voir dire questions and demonstrative exhibits for the alleged infringer a patent case in the Southern District of Indiana. The patent covered technology relating to the production of adhesive products. Result: After a two-week trial, the jury returned a verdict in favor of our client, finding no infringement.
Jury Trial: Software Engineering- California
Conducted a ThemeTesting® focus group study for the plaintiff patent-holder in patent litigation that was pending in federal court in Los Angeles.  The case involved a patent covering read-only memory design. Our efforts included multiple phases of consulting and research, including a ThemeTesting focus group study, development of demonstrative exhibits, theme development, development of a juror profile, assisting with jury selection, and assisting with witness preparation during trial. Result: The case settled favorably for our client while the jury was deliberating.
Jury Trial in Software Dispute- Maryland
Assisted counsel for the plaintiff, a Connecticut-based software development firm, with voir dire strategies and demonstrative exhibits. Following a week-long trial in Montgomery County, Maryland, the jury found that the defendant had intentionally interfered with the deployment of our client’s software and competed unfairly in seeking to deploy rival software. The jury found the defendant’s actions included intentional misconduct and awarded $24.8 million in damages for lost revenues and profits. The victory was considered as one of the National Law Journal’s Top 100 Verdicts of 2013.
Adhesive Patent Litigation- Michigan
Conducted a ThemeTesting® focus group study and a mock trial study to help the alleged infringer in patent litigation pending in the Eastern District of Michigan. The patent covered technology relating to the manufacturing of an adhesive product. Through assistance with theme development and demonstrative exhibits, we helped the trial team simplify complex scientific and technological issues. Result: Our client prevailed on summary judgment just prior to the scheduled jury trial.
Agribusiness Technology Licensing Dispute- Indiana
Conducted mock jury research, assisted with jury selection, and developed all demonstrative exhibits for the plaintiff in a jury trial in the Southern District of Indiana. The case involved breach of contract claims relating to a technology licensing agreement and the plaintiff was seeking unpaid royalties. Result: A confidential settlement was reached following the first day of what was scheduled to be a three-week jury trial.
Business Methods Patent: Jury Trial- Iowa
Assisted the plaintiff, a life insurance company, with a jury trial in federal court in Iowa. The case involved a business methods patent infringement dispute. We conducted ThemeTesting® studies prior to trial, assisted with jury selection, and prepared the demonstrative exhibits used throughout trial. Result: $13.1 million jury verdict in favor of our client.
Biotech Patent Litigation- California
Conducted a six-panel, ThemeTesting® focus group study in San Francisco, California. The case centered on a patent dispute relating to complex technology used in certain medical devices. The case involved numerous and intricate arguments relating to infringement, validity, and damages. The ThemeTesting study assisted the trial team with determining which arguments and themes were likely to resonate with a San Francisco jury and with developing strategies for presenting the complex scientific and factual arguments in a manner that would be both comprehensible and persuasive. The results of the study contributed to the trial team’s decisions to develop particular themes during the remainder of discovery and, ultimately, contributed to the case valuation and the client’s favorable settlement of the matter.
Mock Markman Hearing in Biotech Patent Litigation- California
Conducted a mock Markman hearing in patent litigation pending in the United States District Court for the Northern District of California. The case centered on a patent dispute relating to complex technology used in certain medical devices.  The study involved a panel of former federal judges who reviewed and reacted to Markman briefing and a mock Markman hearing. The study assisted the trial team with preparation of a reply brief and with preparations for the Markman hearing. The trial team ultimately secured very favorable interpretations of the patent claims.
Medical Device Patent Litigation- Indiana
Conducted a three-panel mock jury project on behalf of a defendant pharmaceutical company. 
Patent Trial: Telecommunications Software- Florida
Conducted a ThemeTesting focus group study and developed demonstrative exhibits for use at trial in patent litigation involving telecommunications software.
  > Areas Of Law    
Appellate 4 Appellate
Class Action 5 Class Action
Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
> Intellectual Property 10 Intellectual Property
Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
Toxic Tort 13 Toxic Tort
White Collar Criminal Defense 14 White Collar Criminal Defense
Intellectual Property  
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