Tech News Article Features Erise’s Winning Trial Strategy

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A recent article on the success of Erise IP’s client Sandvine highlighted the role Erise Partner Eric Buresh played in the company’s jury trial win over Packet Intelligence.

The article appeared in Canadian publication CommuniTech News with the title, “Trolled: Dave Caputo spent 17 years leading Sandvine from startup to IPO to successful exit. When a patent troll took his company to court in east Texas, he wasn’t about to go down without a fight.”

Buresh served as the lead trial attorney for Sandvine in the win, and the article detailed how Buresh connected with the jury by describing a highly technical situation in simple terms.

The article included the following:

Messaging and positioning. Did it play a role? Less than a month earlier, NetScout had lost an infringement case to Packet Intelligence in the same courtroom and on the same patents, and yet this time, an opposite outcome.

It’s worth noting that it was Buresh who chose to use the metaphor of rice thrown at a wedding and the mesh bag. The choice, he said, was deliberate.

“Once we had the jury set after jury selection, I knew their demographics and backgrounds,” said Buresh. “Given their age and backgrounds, I was confident that particular wedding tradition would be a positive nostalgic for all of them.

“If we had been trying the case to a group of millennials on the West Coast, we would have needed a different analogy. It’s all about what connects with a particular group of people.”

Read the full article here.

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