Books and Publications

Books

Patently Persuasive
Patently Persuasive

Persuasion in civil litigation is one thing. Persuasion in patent litigation is quite another. In Patently Persuasive, Karen Lisko and Kevin Boully address persuasion common patent litigation challenges stemming from unique and changing facets of patent law coupled with the complexities of most patent cases. Those challenges impact decisions and strategies you apply from discovery through verdict. Drawing upon our research with hundreds of actual and mock jurors as well as mock and actual judges and arbitrators over the past 20+ years, and upon our extensive strategy consultation on patent cases, we discuss important realities of persuading your fact finder in patent litigation.

Ranging from persuasion in Markman hearings to specific strategies for patent holders and accused infringers in patent jury trials, Patently Persuasive focuses on research-based strategies for persuading juries and judges. It is written from the perspective of jury researchers who have advised patent litigators on persuasion strategy and draws from empirical research and practical experience to provide specific advice and recommendations for preparing and presenting a more powerful patent case at trial. 

Patently Persuasive, with an expected publication date in Spring 2013, is a publication of the American Bar Association available on the ABA Web Store and Amazon.com.

Articles

Locating Anti-Corporate Bias in Jurors
Locating Anti-Corporate Bias in Jurors
Should I Request a Jury Trial?
Should I Request a Jury Trial?
Effective Witness Interviews and Getting Your Witness Ready for Deposition/Trial
Effective Witness Interviews and Getting Your Witness Ready for Deposition/Trial
National and Case-Specific Energy Company Research Findings
National and Case-Specific Energy Company Research Findings
See Your Jury Case: The Pitfalls of Lawyer-Vision
See Your Jury Case: The Pitfalls of Lawyer-Vision
Getting Beyond the Catchy Phrase and Creating a Trial Theme That Truly Works
Getting Beyond the Catchy Phrase and Creating a Trial Theme That Truly Works
Anti-Corporate Bias in Employment Cases
Anti-Corporate Bias in Employment Cases
Keep Survivors on Your Next Jury Panel
Keep Survivors on Your Next Jury Panel
Anti-Corporate Bias Is a Given, But Corporations Should Not Give Up on the Courtroom
Anti-Corporate Bias Is a Given, But Corporations Should Not Give Up on the Courtroom
Corporate Defense in a Skeptical Age: A Model for Crafting your Message
Corporate Defense in a Skeptical Age: A Model for Crafting your Message