We told our 23 mock jurors that they had participated in something historic and it was true. For the first time, DOAR conducted a client-free mock trial. Given our experience in intellectual property and patent disputes, we invented a patent case pertaining to a hypothetical time-release insulin product. The inventors were university-based researchers. The patent’s ownership had been transferred to a patent holding company, SBN, in exchange for future royalties derived from licensing agreements. The accused infringer, Haldon Pharmaceuticals, made and sold a product called Insulex 7, an injectable treatment for people with diabetes that lasted for seven days. In addition to the questions of infringement and invalidity, two mock juries also considered willful infringement and damages.
Every bit of the day was videotaped, including the plaintiff’s and defendant’s opening statements, the high-level graphics that accompanied these presentations and the mock jurors’ deliberations. Only at the very end of the day did the mock jurors learn, to their amazement, that the case they had just decided was not a real case. We had conducted our first mock mock trial.
Results were fascinating and the recommendations for both plaintiffs and defendants are enlightening. They will be available to interested corporate legal departments and law firms at no charge in the form of a one-hour seminar and a web-based report with hyperlinked video snippets of illuminating moments from the day’s events. Although this case involved a pharmaceutical patent, the pre-trial research techniques that were employed and the general concerns raised by the jurors (e.g., Can/should jurors say the government got it wrong? What happens when inconsistent positions are raised in order to preserve thoroughness?) have broader applicability.
We encourage you to reach out to firstname.lastname@example.org if you’d like to learn more about the procedures and results of our first mock mock trial.