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Law360: 3 Tips for Presenting a Patent Invalidity Case to JurorsSeptember 13, 2019
O’Melveny partner Darin Snyder discussed the challenges of convincing a jury to invalidate patents and how he’s achieved successful verdicts.
“There's a presumption by people that the government has done its job, and if experts have looked at this and issued a patent, well, gee, who am I to say that this wasn't an actual invention and therefore invalid?” said Snyder. “So that presents a real challenge, and you’ve got to figure out an explanation to rebut that natural inclination in their mind.”
“To invalidate the patent, you have to tell an alternative story about how somebody was motivated and had a good reason to come up with this invention before,” he added.