Meet the new model patent litigator

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Meet the new model patent litigator

The emergence of multinational patent disputes demands new skills from patent litigators. What impact will this have on the IP profession?

MIP February 2015 coverWe’re all familiar with the stereotypical litigator: confident, bold, flamboyant. They’re as common in IP as in other fields of law, and I’m sure readers will be able to name some examples close to home (some might even raise their own hands at this point).

Such qualities are clearly necessary for success in many trials, particularly where oral evidence and cross-examination are important, and especially in the US where there are juries.

But, speaking to litigators around the world for the cover story on multinational patent disputes in our February issue (now live online – subscription or free trial required) I was struck by how often they talked about coordination, understanding and adaptability – the kind of soft skills not often associated with litigators.

More than one told me, in effect: “You have to suppress your ego in these kinds of cases.” You may not be able to pursue the points you want, or even bring an action where you want to, if it is not in the clients’ worldwide interest to do so.

Instead, the key to success is often based on sitting in conference calls and listening to updates from other jurisdictions, and being willing to adapt your strategy in the light of what is happening elsewhere.

Researching the article, we spoke to experienced litigators around the world, from firms such as Bird & Bird, Fish & Richardson, Hogan Lovells, Kim & Chang, Kirkland & Ellis, Quinn Emanuel, WilmerHale and Wragge Lawrence Graham & Co. We also interviewed in-house counsel at ARM, Huawei and Nokia about their approaches to multinational litigation.

All agreed that multinational patent disputes are becoming more common, thanks to globalisation, litigation strategy and competition between lawyers (and judges) in different jurisdictions, as well as the emergence of new battlefronts, such as the IPR proceedings in the US and hearings before competition authorities in some countries.

The Apple v Samsung litigation (now settled outside of the US) was perhaps the most high-profile example of multinational litigation, though Microsoft v Motorola and other disputes in the smartphone sector may yet eclipse it. But other industries also see disputes that span several jurisdictions, and judges seem to be increasingly conscious of the global nature of disputes (for an example, see the ruling in the Australian litigation over Myriad’s patent).

If this trend continues, and litigators have to focus more on cooperation, coordination and managing teams, will that change the way they work, how they gain experience and even the type of people that are attracted to specialise in this field? On the IP Kat blog yesterday, Jeremy Phillips asked what the typical patent practitioner will look like in 20 years’ time. In litigation, at least, the future could be quite different from the past.

more from across site and SHARED ros bottom lb

More from across our site

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article