Gary N. Frischling

Frischling, who has undergraduate degrees in computer science and electrical engineering, said he loves to keep learning.

“One of the things I enjoy most about my practice is I have touched on a huge variety of technologies, and it gives me an opportunity to learn the relevant science in a lot of different spaces.”

In a June victory, a judge confirmed a $234.2 million damages award Frischling won on behalf of the Wisconsin Alumni Research Foundation against Apple Inc. In the trial, a jury found that microprocessor chip technology used in every iPhone and iPad since the 2013 iPhone 5s infringed on a WARF patent that allows processors to run faster and use less energy.

Having a science background makes it a lot easier for him to climb the learning curve on technology he’s not familiar with, Frischling said, but the challenge of his job is to help jurors and judges make that same climb.

“I like to think about being in court in front of a jury as being a teacher, and what I’m looking to do is try to teach folks enough of the basic concepts and background so they can grasp what we’re talking about at an appropriate level,” Frischling said. “It’s not about overloading with jargon, but trying to explain concepts in a way they’re accessible, so people can feel like they can make a decision on factual questions.”

Some tech is more relatable, and some is more challenging, “but you’re trying to find a way to simplify and analogize and be creative with visual aids, and educate about the basic technology,” Frischling said.

“You try to shoot for the right level,” he added. “If you try to get too deep, it’s probably not going to work, but it can’t be unreasonably simple, because that’s not going to help people make a decision.”

Frischling said he really enjoys those cases “that are important to my client and that have complicated, interesting issues. I love learning new technologies, and I like cases that are interesting and meaty in terms of issues. That’s where you get to have fun and have value for your client.”

Every new technology presents a fresh set of issues, Frischling said, “For example, you see a lot of pieces in the press about driverless cars — that uses pieces that are all existing technology, but it’s a new application, and there are going to be a lot of struggles in that space in terms of IP rights. That’s going to be a potentially very interesting space.”

— L.J. Williamson