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Home: Samples:
Intellectual Property & Patent Litigation
Nearly one half of all the cases Animators works
on involve some form of intellectual property. Most intellectual property
cases lend themselves directly to the use of animation and other forms
of demonstrative evidence. This is because most intellectual property
cases involve highly technical information, which is usually outside
the normal range of comprehension of the average judge or jury. Therefore,
a common solution to this problem is to utilize a combination of animation
and other trial exhibits in order to simplify and clarify this often
dry and boring technical information.
Animators’ vast experience in intellectual property litigation
has proven that there is no more effective manner in which to present
this type of information than through a visual format. The use of animation,
in particular, in order to simplify issues and educate the modern day
jury is akin to the Discovery Channel educating an entire generation
of TV viewers.
Patent
The overwhelming majority of intellectual property cases that Animators
works on are patent litigation cases. This is because patent litigation
typically involves highly complex, scientific data. Therefore, animation
is commonly used because of its unique ability to bring to life and
simplify this often dry and confusing subject matter.
The common scenario facing many patent litigators is that the average
lay juror is asked to determine if one design infringed upon the design
of another. Moreover, many patent cases turn on the litigator’s
ability to highlight extremely subtle similarities or differences between
two designs which are typically not obvious to the untrained eye. Therefore,
animation is particularly effective in patent litigation because it
allows the patent litigator to easily identify, highlight and explain
the various technical features of a particular design which are at issue
in the litigation.
One noteworthy case for Holland & Knight involved a patent dispute
over a weaving machine technology in which the client faced the
threat of more than $170 million in damages. Through the use of animation
and carefully crafted trial exhibits, Animators was able to demonstrate
that, not only was there no infringement, but more importantly, that
despite the Plaintiff’s assertions to the contrary, the Plaintiff
was fully aware that the Defendant had been utilizing the particular
technology at issue for over 17 years. The result was a complete defense
verdict.
In another case, Animators worked with the trial team at McDermott Will
& Emory, whose client was facing in excess of $100 million in an
infringement action involving an arterial stent, an implanted  medical
device used to support damaged blood vessels. Through the use of standard
trial boards and computer animation, the trial team was able to effectively
contrast the client’s technology from that of the Plaintiff’s.
The use of animation was particularly effective because the litigators
were able to highlight aspects of the client’s technology that
would not normally be obvious to the lay juror.
Animators has extensive patent experience working with such clients
as Morrison & Foerster, McGuireWoods, Crowell & Moring, Jones
Day, Finnegan & Henderson and Dickstein, Shapiro et al., in a wide
array of industries including: petroleum polymer, online charitable
contributions, securities software, biological testing machines, high
profile national pharmaceutical products and genetically altered organisms.
Whatever type of legal issues or technical data are involved, the Animators
team of attorneys and artists is certain to have the skill and knowledge
necessary to create world class animations and trial exhibits.
Copyright
Over the past decade, copyright litigation, once reserved primarily
for music and other literary based infringement disputes, has increased
dramatically, primarily as a result of its expansion into the computer
software industry. Consequently, Animators has worked on numerous cases
involving the copyright of various product technologies, particularly
computer software. Similar to patent law cases, copyright litigation
also poses its own unique set of challenges to the trial team. Animators’
noteworthy work in landmark litigation, involving the copyright of product
technology, particularly highlights Animators’ ability to transform
highly complex information into a simple and more comprehendible format.
In one example, during a bench trial, the Court requested that Animators
submit a videotape presentation explaining the technology at issue in
a significant software copyright case involving Corel, a major software
manufacturer. Because Animators was able to simplify the issues for
a judge, who was without prior experience in software copyright, its
work helped lead to a favorable settlement for the client.
In another noteworthy example, Animators worked with a trial
team at McDermott, Will & Emery, on a case involving a printer
cartridge technology, whereby the Plaintiff claimed
infringement of software that purportedly implemented complex
mathematical calculations. Animators was able to effectively
counter this claim by creating a trial exhibit demonstrating
 that
the equations in question had actually been a basic part
of the public school mathematics curriculum in the locale where
the trial took place. Therefore, by converting what would have
otherwise been a complicated discussion regarding specific
mathematical principles into a focused and common-sense
argument, Animators succeeded in transforming the complex and boring
into the interesting and understandable.
Trademark
 Animators’
trademark work for Howrey & Simon has garnered national attention
as a result of its successful work for such clients as Anheuser-Busch,
the “King of Beers,” and Fluke, a leading manufacturer of
electronic testing equipment.
One example which demonstrates the power of utilizing a dynamic visual
presentation in a trademark case involved Fluke, whereby the trial team
was able to use a set of highly persuasive trial exhibits to highlight
that the client’s distinctive yellow trademark, found on its electronic
testing device, was infringed upon by the Defendant. In the words of
the trial team at Howrey & Simon:
“I would like to thank each of you
for your help in this matter, which resulted in a tremendous victory
for Fluke . . . Fluke is very pleased.”
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