Thursday, October 06, 2005

Mac & Cheese & IP Litigation

Today during the lunch hour I went to an awesome talk (and more free lunch) held by an IP litigation attorney from the San Francisco office of Kirkland & Ellis.

Unlike past talks where the lawyers give a lecture on pending cases and other interesting legal issues in the world of intellectual property, the guy today gave a sort of strategic talk about how to cross-examine expert witnesses. Since a lot of IP litigation involves experts, it's important to figure out ways to defeat the ones put forth by the other side.

Anyways, he proceeded to tell us about a multimillion-dollar case (called the "O.J. Simpson of patent trials") he worked on in which he defended some companies against a claim of patent infringement. A key part of the opposing party's case relied on testimony from a star expert witness. He successfully applied his techniques for effective cross examination, discredited the witness, and ultimately won the case.

Listening to him talk about this trial took me back to my days as a high school debater. The rivalry! The intellectual battle of wits! The sweet taste of crushing and completely and utterly embarrasssing the other team! Right now, IP litigation sounds like a lot of fun.

The attorney from Kirkland was also pretty funny. Best part of the story:

"So after completely discrediting their expert witness, I decided to call it a day and head back to California early. I was in the airport when I saw one of the lawyers from opposing counsel. He was reading a book, and so I went over and said hello (though we were on opposite sides of the case, we all try to get along because we're professionals). He said to me, 'Wow... you're heading back early today!' And I thought to myself 'Yeah, because I totally demolished your star witness. Just read your little book.'

[laughter]

Yeah... sometimes I get a little chippy."

Hahaha what a great guy... he said "chippy"...

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