Winning a Patent Infringement Lawsuit

If you want to win a patent infringement lawsuit, then logically, you need a top notch lawyer. Of course this is logical, but what makes one lawyer better than another? The basics are obvious. A good lawyer will have a firm grasp of the law and how it applies to each individual circumstance. A good lawyer will present themselves professionally and act in accordance with these expectations of a lawyer. These things are a given.

But when seeking a top notch patent infringement lawyer, you have to be able to look deeper. When a lawyer is presenting a case to a jury, it is imperative that he or she be able to express the laws in manners which are understandable.

Patent infringement law can be very technical and complicated, and you’re not looking for a lawyer who can relate to his or her audience. Thus, when they are discussing your legal options with you and going over the basics and the details of your case, do you feel at ease with the language they are using or are they throwing around terminology that you are having difficulty understanding and may even be somewhat intimidating? Considering that they are discussing something as it relates to your industry, imagine how a jury may feel if they find your lawyer completely un-relatable.

Of course personal compatibility may or may not be important to you when you are considering a lawyer. Some clients feel that it is important that the patent infringement lawyer be able to relate well to them and feel genuine concern for their clients.

Others feel that what is important is that the lawyer is able to do their job, do it well, and what level of personality compatibility happens to be there is just coincidental. Having a strong rapport with your lawyer may or may not impact how well you feel you’re represented. That is only a call that you can make depending on the lawyer as well as your personality.

However, a good lawyer will represent you with enthusiasm and vigor regardless of the rapport he or she carries with you. You are seeking a professional, not a new best friend. Though some people truly need to feel a connection to people they work closely with.

A strong courtroom record is remarkably important when it comes to hiring a patent infringement lawyer. This is not the time to randomly choose representation. Asking the lawyer about his court room record is an acceptable question during the initial retaining stage.

Researching your patent infringement lawyer’s court room record is also an acceptable form of questioning your lawyer’s court room record. There is a difference between court room litigation and settlement litigation. While settlements are an easier and faster form of financial resolution, they are also faster and easier for attorneys.

While you want a lawyer who is capable of getting you a fair settlement if the topic comes up, you also want a lawyer who is not afraid to take your case directly into the court room and fight a fair fight in front of a jury. There are many lawyers who are capable of settling, but have little court room experience. Court room experience is vital.

What type of reputation does your lawyer have with other attorneys? You want a patent infringement lawyer who carries a solid and imposing reputation with other attorneys. We’ve all seen those movies of the bumbling lawyer who is considered the laughing stock of his or her peers.

While Hollywood played up the angle, the truth is there are lawyers who carry a poor reputation with other attorneys, and that reputation may work against you. Without respect amongst his or her peers, a patent infringement lawyer is incapable of representing you with the ferocious vigor you are looking for. Lawyers who carry an intimidating reputation are more likely to be offered fair settlements and are less likely to have to waste time dealing with low settlement offers.

Choosing a patent infringement lawyer is a decision that should be regarded as one of the most important business decisions you will ever make. Taking the time and doing some research to make sure you are choosing a high quality lawyer is well worth the time and energy expended. Choosing a lawyer is a business decision that may very well be worth millions.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: or call 1-888-311-5522


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