As lawyers, we are always arguing about documents, and we often need to display those documents in court. In patent cases, displaying documents is particularly important because the patent’s language describes the invention. In today’s post, I’ll talk about how to display this language in an understandable, readable and trustworthy form for the judge or jury.
Importance of the Patent’s Language
The primacy of a patent’s language comes from the patent statutes. For example, 35 U.S.C. § 112 requires that inventors describe their inventions fully and clearly, and that they point out their invention in the claims:
In light of the key role of patent language, patent litigators often need to display patent language in court to argue about the meaning of the language.
The Three Requirements: Understandable, Readable and Trustworthy
Whenever you display document language in court, you must make sure that (1) the audience understands what is being shown; (2) the language is readable; and (3) that the judge and/or jury trusts that you are displaying the language accurately.
Displaying Your Patent Language: Slides vs. Live Presentation
How do we recommend presenting patent language? First, you need to decide if you will be presenting prepared slides, or showing magnified documents live on Trial Director, Sanction, an Elmo, a poster board or another live display technology in court. There are advantages to both approaches. In this post, I’ll assume that you have decided to use pre-prepared slides of patent language, and save for another day the discussion of Trial Director or Sanction versus prepared slides.
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by Ken Lopez
I frequently help lawyers craft presentations – whether it’s the opening statement of a litigator, a pitch presentation for a law firm, or a seminar presentation for a corporate lawyer. And I too am often called upon to speak at events or even off the cuff to a group.
After a good bit of trial and error, I have found two nearly foolproof ways of organizing any of these talks that I use almost invariably, whatever the context may be.
The great thing about these models is that you can use them in an off-the-cuff speech just as well as you can in a highly scripted presentation.
Read the full article here:
By: Kacy Miller
Imagine you’re sitting in a jury box, and the trial attorney sounds just like Morgan Freeman. Or James Earl Jones. Or Matthew McConaughey. Or even Kathleen Turner or Judi Dench.
Then imagine that we can clone that attorney and make a “twin” who is 100% identical in look, style, demeanor, presentation, diction– everything but for the pitch of voice. One is a baritone and the other, a tenor.
Who do you think the audience would deem more trustworthy? More competent? As the better leader?
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by Ken Lopez
Founder & CEO
The power of storytelling has been recognized for millennia. From Aesop to Hans Christian Andersen to Steven Spielberg, great storytellers are celebrated by our society, almost as much as the people that they glorify in their tales. We tell our kids stories, businesses are encouraged to share stories to build culture, and we all admire that person who can captivate a group of friends with a fascinating tale, true or invented.
The reason we appreciate these great storytellers is hard-wired in the human brain. Storytelling predates written language, of course. It is how our ancient ancestors communicated what to fear, what to value and whom to love. Studies reveal that whether we are told a story or not, our brains will naturally try to build a story around a set of facts. In other words, if a trial lawyer fails to build a story, judges and jurors will build one anyway. It’s how we make sense of a set of complicated facts. It’s how we impose order upon chaos. It’s how we resolve tension and conflict.
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By: Kacy Miller
In a perfect world, we’d all have innate communication skills that would magically transform any audience into a group of attentive, interested and engaged listeners. Unfortunately–as we know all too well– we don’t live in a perfect world and all too often, audiences flip the ignore switch.
Whether you’re a natural speaking in front of an audience, or a works-in-progress, each and every one of us has one persuasive tool available 24/7: our voice. And the bonus? It’s free!
When it comes to using our voice as a persuasive tool, variety is the key. Acting coaches and communications experts teach a number of strategies for integrating vocal variety into communications. Here are a few suggestions:
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The lack of leadership abilities, an inability to engender respect and overall poor performance was killing his profits. Unfortunately, while his way of describing his leaders was a novel one (i.e., morbid curiosity), the existence of poor leadership is anything but a novelty.
The most commonly occurring of these competencies are:
- Envision an Outcome – The ability to clearly envision a strategic outcome, think conceptually and see the big-picture.
- Understand Others – Often called “Emotional Intelligence” this is the ability to accurately understand those being lead.
- Inspire Others – Brining understanding of the strategic vision and emotional intelligence together to effectively communicate that vision and achieve buy in.
- Understand Themselves – One of the most overlooked traits, this is the ability to objectively understand one’s own strengths and weaknesses.
Complete Your Leadership Talents Profile Here
By guest author Jay Niblick, Founder/CEO – Innermetrix Inc.
In an amazing presentation, Havard professor Amy Cuddy, gives inspirational advice in dealing with fears and communicating in an effective way through a simple, quick process.
Body language affects how others see us, but can it also change how we see ourselves? Social psychologist Amy Cuddy shares an easy way that anyone can change not only others’ perceptions of them, but the way they feel about themselves .
In her 20 minute TED talks, Cuddy points out that, “Tiny tweaks can lead to big changes.”
How is it that people can be convinced to say “yes” to something even if they may not be interested in the idea on its merits? In other words, why are we such suckers? Why do we end up saying “yes” to salespeople selling us products we don’t want all the time?
In the video below, Cialdini explains why we are so susceptible.
http://bigthink.com/robertcialdini (click the social psychology link)
In our increasingly overloaded lives today we need shortcuts, or rules of thumb, to guide our decision-making. So says Big Think expert Robert Cialdini, professor of marketing and psychology at Arizona State University
Cialdini’s research is based on six fundamental principles of human influence: reciprocity, scarcity, authority, consistency, liking and consensus. Cialdini says that if these principles are employed in an ethical manner, they can significantly increase the chances that someone will be persuaded by your request.
These shortcuts are explained in the video animation here:
Communicating is one of the most influential things we do on a daily basis. Whether we are communicating to our assistants, our colleagues, a judge, jury or with an expert, what we say and how we say it can have a profound effect on the outcome.
This ABA section delivers some easy, yet crucial tips, when communicating with our experts.
-David W Mykel
The Art of Trial Sciences