How To Prepare Your IP Litigation Strategy Effectively

1. Make Budgeting A Priority

Discuss your budget options thoroughly to avoid resource issues down the line. Understand the types of funds available for a given matter and plan accordingly.

2. Ask The Right Questions

As a prosecutor, you need to address a variety of topics. Give thought to how the litigation strategy will stand up to current laws and trends, if prior art will need to be vetted, and how core-focused the strategy will be to the business.

3. Preparation Is Key

Prepare your team for different possible litigation scenarios. Convince your management team to accept that there is no such thing as a “winning” litigation strategy.

4. Educate Your Staff

Training is critical when it comes to discovery. Train your team to differentiate between “bad” and “good” documents and e-mails.

5. Be Accountable

You are ultimately accountable for the litigation process, and will need to understand all steps of the process to ensure efficiency and accountability. Keep management up-to-date and aim to have frank and productive discussions with your litigation teams.