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Commentary

How to Beat the Crowd When Chasing Defensive Patent Work

October 18, 2019

Law360

The patent litigation space is highly competitive, as many law firms are chasing after the same decreasing pool of work. To stand out, attorneys need a strong and distinctive pitch to capture the potential client’s attention. Law360 contacted Finnegan partner Jennifer Roscetti for tips on how to build a strong pitch to secure patent litigation work.

Jen emphasized the importance of knowing the company’s business and how the products accused of infringement fit into the overall business model. She recommends asking questions about the product, including questions about sales and the potential litigation impact. She said, “Those questions are certainly helpful in framing 'what is your exposure' and 'what is the ultimate goal.’”

Equally important is identifying how your firm differentiates itself from other firms, Jen noted, stressing that differentiation is not so much about general accolades or awards, but about how your firm is uniquely qualified to help the client accomplish its goals. She said, “In this very competitive market for high-stakes litigation, I think it's important to not only differentiate yourself but acknowledge what the competition has and what they don't have.” She also cautions to be focused when highlighting differentiators to the potential client. She said, “Oftentimes, it's easy to give the same list of qualities and attributes, but to overload a potential client with all of those is not helpful. Sometimes you get lost and can't articulate why you should be the choice."

Related Practices

Global IP Enforcement, Litigation, and Trials

Related Offices

Washington, DC

Related Professionals

Jennifer H. Roscetti
Partner
Washington, DC
+1 202 408 4150
Email

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