Winning Litigators: Matthew Wolf, Arnold & Porter Kaye Scholer
Our 2019 special report honors trial lawyers for their victories in high-stakes matters.
August 26, 2019 at 10:00 AM
2 minute read
Arnold & Porter Kaye Scholer
Tell us about your biggest trial win from January 2018 through June 2019 and how you achieved the result for your client.
I led the trial team that secured a victory for Boston Scientific against Edwards Lifesciences in one of the most significant and closely watched patent battles in the U.S. last year, involving the parties' transcatheter heart valve replacement technologies. Winning required not only developing a successful offensive and defensive strategy in the U.S.—each party asserted patent claims against the other—but also ensuring that these strategies were coordinated worldwide across more than a dozen jurisdictions. We were able to secure a jury verdict against Edwards while defeating Edwards' patent counterclaims entirely, which ultimately resulted in a $180 million payment from Edwards and freedom to operate for BSC.
Share two trial tips that have been key to your success.
1) Simplify your jury presentation, simplify more, then radically simplify that. It is impossible for a juror to grasp the law, story and technology in a week.
2) A jury cares about witness credibility, likability and competence, in that order. Do not sacrifice juror perception of these to make a substantive point.
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