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How In-House Counsel Can Help Their Companies Prevail in Patent Litigation

By Joseph N. Hosteny
April 01, 2003

Over the years, I have worked with many in-house counsel as their outside litigation counsel. These experiences serve as the basis for this article, which discusses some of the things that in-house counsel can do with respect to their outside counsel to improve their company's chances of prevailing in patent litigation.

Support Your Outside Counsel

Although not a patent case, I remember a situation in which we were pursuing a software pirate whose attorney decided it would be a good strategy to depose a half-dozen or more employees of our large, and usually slow-moving, corporate client on short notice. We informed the company's employees of the opposing counsel's request, but they treated the request as just another ho-hum task on their schedules ' we had very little response. Finally, I asked the in-house counsel for his help. The next sound we heard was that of our corporate client being shaken upside-down. The following morning, there were six company employees sitting in our lobby, ready to prepare for their depositions. In-house counsel had done his job well: It was appreciated.

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