Notable Successes

Tamir Packin

The National Law Journal has recognized Desmarais LLP partner Tamir Packin as a 2023 Intellectual Property Trailblazer for his work successfully defending Cisco in two separate trials involving the same patent – but relying on two different theories, first invalidity and then non-infringement.
 
In both trials, the software company Egenera sought nearly $400 million in damages based on patent infringement claims involving its virtual networking patent (No. 7,231,430). In the more recent August 2022 trial, where Packin was co-lead trial counsel with firm founding partner John Desmarais, the jury returned a complete defense verdict, fully rejecting Egenera’s arguments based on Cisco’s non-infringement defense. Previously, at a three-day bench trial in 2019, Packin showed how Egenera removed one of the original inventors from the patent, which led the judge to invalidate it based on improper inventorship.
 
In both cases, Packin employed his unique, pared-down approach to trying cases, relying on physical objects to make his arguments. This included wheeling a Cisco server into the courtroom and physically dismantling it during the second trial and using foam and magnet boards to explain complex technology to the jury.
 
“I’ve made a conscious effort to be ‘low-tech’ whenever possible even though my cases are high-tech in nature,” Packin told The National Law Journal. “That ‘low-tech’ presentation is very different from our adversaries’ approach, earning us important credibility points, and ultimately paving the path to trial victories…”
 
Complex graphics and animations have become staples of high-stakes technology patent trials in recent years, but oftentimes those features get in the way of speaking directly to the jury and can undermine your credibility, Packin said. Instead, Packin seeks to emulate his mentors at Desmarais LLP whom he’s watched win jury verdicts using only handwritten lists as their trial centerpieces.
 
“I think the pendulum will swing back towards deploying physical demonstratives at trial,” Packin told The National Law Journal. “Although PowerPoint animations are more readily available to trial lawyers than ever before, the flashiest slides don’t always win the day. In fact, keeping things simple is often the most persuasive approach.”
 
Read The National Law Journal story
 

Tamir Packin