Kinne IP Group
Patent Support for Trial Counsel

Beginning several years ago, nationally prominent commercial trial lawyers who do not limit their practices to intellectual property began getting involved in patent litigation. Many patent boutiques view this as a threat. Kinne IP Group sees it as an opportunity.

Since the mid 1990's, Mr. Kinne has served as co-counsel to skilled trial lawyers who, while having tremendous experience in trial work, benefit from his patent expertise. In one such case several years ago, Mr. Kinne was counsel for a patent owner whose exclusive licensee was prosecuting the patent infringement litigation. The exclusive licensee's lawyer had handled more than a hundred jury trials, but he was not a patent lawyer. As the case progressed, the two lawyers worked more and more closely together, and Mr. Kinne was able to provide extensive help on the patent issues. His role proved valuable both to his client and to the exclusive licensee.

Tasks unique to patent litigation include assessing inequitable conduct allegations, analyzing claim construction and preparing for Markman claim construction hearings, determining literal infringement and infringement under the doctrine of equivalents, and investigating and assessing patent validity. Working with expert witnesses and technical issues can require a background in engineering or other science. For these and other reasons, skilled trial lawyers are wise to enlist the aid of experienced patent litigation counsel at the outset of the case, thereby assuring the best trial preparation.

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