In preparation for an upcoming patent infringement matter in the United States District Court, Central District of California, the Honorable Judge Josephine L. Station presiding, Magna Legal Services (“Magna”) conducted both a mock trial and hourly consulting services as the case moved towards trial. Legal counsel from the firm Russ August & Kabat represented Pavo Solutions, LLC, a South Korean company that manufactures USB flash drives. Ben Wang, lead counsel with Russ August & Kabat, represented Pavo.
Over the course of the trial, Magna acted in the capacity of a strategic litigation consulting firm, through one of its senior jury consultants, Dr. John Gilleland. Strategic litigation consulting involves a systematic approach to optimizing the jury selection process and helps to refine the trial presentation themes and strategy of one’s case. The jury consultant frequently draws on the information gathered in the pre-trial research effort for additional follow-up consultation, which in this case, included both witness communication training and voir dire/jury selection assistance.
Trial Background and Specifics
Pavo manufactures a USB flash drive with a patented swivel cover. The suit alleged that Kingston Technology manufactured and sold a product with identical, patented elements.
The Mock Trial Process
Magna conducted a mock trial on behalf of Russ August & Kabat utilizing three (3) separate panels of deliberating jurors. These panels followed a full trial format in which they heard opening statements, key evidence including witness testimony and then closing arguments from each of the respective parties.
The detailed feedback from each of the three deliberation panels helped to guide Mr. Wang’s trial team in the refinement of their case structure and trial presentation strategies. The Magna research team made recommendations ranging from: high-level structural issues for the various trial arguments, down to suggestions for simplification of key witness testimony. If left uncorrected, even the smallest of these issues could have a material impact on the actual trial.
After the mock trial, Mr. Wang said, “This mock trial was particularly helpful; feedback and issues were spotted all the way down to the team’s organization. The feedback at the mock trial turned out to be (identify) a key issue at trial and we were prepared for it, so we managed to keep it out. Having it come up in the mock and forcing us to prepare our response to it, got the judge to say “no-go”. If we had to do it on the fly, we might not have had the same result.”
Through the mock trial process, Mr. Wang was able to anticipate challenges ahead of time, giving him and his client a distinct advantage in the actual trial setting.
Focus on Voir Dire
Dr. Gilleland’s recommendations regarding voir dire topics were of particular importance when it came to the actual trial. Through the mock trial process, Dr. Gilleland was able to formulate and refine specific questions, which were likely to help identify each jurors’ probable verdict orientation. Mr. Wang was able to take these questions and apply them to the actual trial, resulting in a positive impact on the eventual decision. “It was helpful to have Dr. Gilleland here to provide a first draft of questions for the jurors,” said Mr. Wang following the completion of the trial.
Magna specializes in end-to-end litigation consulting. Through Magna’s consulting process, we help clients set the stage for any of their litigation needs, including: scheduling depositions, language services, medical record retrieval, social media surveillance, graphics/demonstratives, trial technology and jury/bench/arbitration research and consulting. To learn more about our jury consulting process, request a free copy of The Ultimate Guide to Jury Consulting, from our website or contact our offices to schedule a free case consultation of your own.