Intellectual Property
Apr. 19, 2012
Robert Dickerson
See more on Robert DickersonDickstein Shapiro LLP Los Angeles
Dickerson has a rule of thumb.
"In every litigation team meeting, I want to be the dumbest one in the room," he said. "I want to have the smartest people with me."
It's paid off.
Among his significant matters, Dickerson has defended Belkin International Inc. in two multimillion-dollar patent litigations, both recently settled.
With all of the complexities and so much at stake in these types of cases, Dickerson recalled the words of one world-class scientist, who told him, "I couldn't do what you guys do. You make so many decisions on less than perfect knowledge."
For Dickerson's part, he said, "I put myself in the role of the judge or jury. At some point, you've got to tell the story. I use the KISS [Keep it Simple Stupid] principle and keep it as simple as I can."
In a case pitting ATEN International Co. Ltd. against Belkin and others, the plaintiffs were seeking millions of dollars in damages for the alleged infringement of a patent covering Keyboard Video Mouse switch technology. ATEN International Co. Ltd., v. Emine Technology Co., 09-CV-00843 (N.D. Cal.).
The case settled after a favorable Markman ruling.
In fact, so-called Markman hearings are becoming an increasingly common way to resolve issues, Dickerson said.
These pre-trial hearings consider evidence from all of the parties on the proper meanings of relevant key words used in patent claims.
"In all patent cases, Markman hearings are so important now," Dickerson said. "A lot of cases are won or lost or settled immediately after Markman."
These hearing also have made patent litigation more expensive, he said.
"Now you have mini-trials much earlier on in the case," Dickerson said. "There is a lot of time and attention given to that."
- PAT BRODERICK
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