Trial Court Procedures in Patent Litigation: Maximizing Chances of Success on Appeal (Part Ⅱ)

摘要

As the foregoing makes clear, appeals and district court cases are not independent. Although perhaps conceptually distinct in many ways, the two are closely coupled, each capable of affecting the other in significant ways. To be truly effective, a trial court litigator must therefore recognize how appellate and district court proceedings can shape one another and then make informed choices accordingly. Counsel should raise and preserve important issues for appeal, develop an optimal record at trial, and be mindful of all of the procedures and issues discussed in this article. A trial court litigator must appreciate the broader landscape his or her case inhabits to be a truly effective advocate for his or her client.