Peer to Peer: ILTA's Quarterly Magazine
Issue link: https://epubs.iltanet.org/i/1508143
52 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 3 C A S E S T U D Y In a recent high-stakes intellectual property lawsuit between two tech companies, advanced legal technology tools streamlined the entire process. The litigation, involving intricate software code and multiple expert witnesses across different states, was particularly time-sensitive. During discovery, a secure online depository was implemented to facilitate encrypted document exchange. This tool ensured confidentiality and accessibility to authorized parties only, upholding the integrity of sensitive documents, such as proprietary software code and internal communications. Scheduling—a traditionally time-consuming task involving multiple depositions and expert witnesses—was simplified with a scheduling tool. This application enabled efficient management of deposition schedules, presenting a shared case calendar that significantly improved organization and transparency. Given the geographical constraints of the case, a virtual proceedings tool was used to replace the conventional in-person depositions. This technology permitted remote connection between attorneys and witnesses, saving valuable time and reducing travel expenses. During depositions, an electronic exhibit sharing tool facilitated the swift and secure exchange of exhibits. This tool offered all parties instant access to exhibits, increasing efficiency and minimizing the risk associated with physical document handling. In the complex landscape of this case, visual demonstrations of the software code were indispensable. To achieve this, a specialized screen capture tool was used during depositions, which went beyond typical screen-sharing functionalities found in common videoconferencing tools. This tool allowed witnesses to navigate through the disputed software code, while simultaneously capturing the witness's reactions and explanations in a picture-in-picture format. This process created a dynamic and interactive discussion that was transformed into a court-ready exhibit. This exhibit, featuring a synchronized view of the witness and the software code, brought abstract and challenging concepts to life in the courtroom. It served as a powerful means of trial presentation, offering clear and compelling visual evidence to accompany the otherwise dry and difficult to understand testimony. This innovative approach was instrumental in creating an engaging narrative that illuminated the subject matter in a manner accessible to all courtroom participants. In preparation for trial, video synchronization tools were employed to create key evidence from deposition videos. This innovative tool provided a comprehensive visual and auditory record of the witness testimonies, which proved invaluable during the trial. Lastly, an online access tool provided essential case files, including transcripts, exhibits and videos, for trial. This ensured that attorneys had all the necessary evidence readily available, contributing to a more seamless trial process. Overall, this case illustrates the transformative potential of legal technology, emphasizing its capacity to simplify complex litigation processes, reduce costs and facilitate more effective case management. ILTA Technological Innovation in Intellectual Property Litigation: A C A S E S T U DY