Senior Patent Litigation Strategy | Supporting Litigators and Trial Teams
ss@sethlaw.com
Senior patent litigation support for litigators and trial teams

You manage the client and the case. We focus on infringement, validity, damages, and appellate strategy.

Behind-the-scenes patent litigation analysis for trial counsel, litigation funders, corporate legal teams, and patent owners who need experienced judgment on the issues that can determine the outcome.

Patent-specific depth without competing for the client relationship.

SethLaw does not seek to serve as lead trial counsel or manage the litigation. We work with litigators who want experienced support on the patent-specific issues that require focused technical, legal, and appellate judgment.

The objective is simple: strengthen the patent case while trial counsel remains responsible for the client, overall case management, discovery, motions practice, and courtroom presentation.

You remain in control of the relationship and the litigation.

We concentrate on infringement, validity, claim construction, damages, Section 101, PTAB exposure, expert strategy, and appeal risk.

Strategic support services

Infringement

Claim charts, proof gaps, doctrine-of-equivalents issues, technical mapping, and development of a coherent infringement theory.

Validity

Prior-art strategy, anticipation, obviousness, enablement, written description, file-history issues, and administrative-review exposure.

Claim Construction

Intrinsic-record analysis, disputed-term prioritization, Markman strategy, and preservation of appellate issues.

Damages

Damages-theory review, apportionment, comparable-license analysis, expert coordination, and realism of the recovery model.

Section 101

Alice risk, technical-improvement framing, Rule 12 vulnerability, factual-dispute development, and appellate posture.

Appeal Strategy

Issue selection, preservation, standards of review, record limitations, argument architecture, and Federal Circuit risk.

Defined-scope review options

Most assignments are scoped in advance so the litigation team knows the budget, materials to be reviewed, and decision to be addressed.

ServiceTypical FeeBest ForDeliverable
Senior IP Strategy CallStarting at $3,500Trial teams needing fast senior input on a discrete issue.Defined document review, strategy conference, and written recommendations.
Patent Go / No-Go ReviewStarting at $7,500Counsel, funders, or patent owners assessing enforcement or defense.Concise assessment of infringement, validity, damages, and recommended next step.
Patent Litigation Second Opinion$10,000–$15,000+Teams approaching Markman, summary judgment, settlement, or appeal.Strategy memorandum addressing the defined patent issues and litigation posture.
Litigation Funder Diligence$20,000–$30,000+Funders, investors, monetization groups, and contingency firms.Independent risk memo covering merits, damages realism, procedural exposure, and funding conditions.
Federal Circuit / Alice Review$10,000–$25,000+Trial counsel and patent owners considering or preparing appeal.Appeal viability, preservation review, argument architecture, and standard-of-review map.

Fees are illustrative starting or typical fees and are confirmed only after conflicts review, scope definition, and written engagement.

The working process

Step 1

Conflict Check

Identify parties, counsel, patents, proceedings, and the proposed scope.

Step 2

Defined Materials

Agree on a controlled record: patents, pleadings, charts, motions, prior art, expert materials, or excerpts.

Step 3

Focused Assessment

Analyze the agreed issues and provide a practical written or oral recommendation.

Step 4

Team Conference

Work through conclusions with trial counsel and identify the strongest next steps.

Built for litigators—not to replace them.

Best-fit engagements

  • Trial counsel needs deeper patent-specific analysis.
  • A general litigation firm needs patent support without surrendering the client.
  • A patent boutique wants an independent second opinion.
  • A funder needs disciplined patent-case diligence.
  • A team needs help preparing experts or preserving appellate issues.
  • Counsel wants experienced judgment before a major spend or case decision.

Not the role

  • Serving as lead trial counsel.
  • Taking over the client relationship.
  • Routine document review or junior-level staffing.
  • Open-ended litigation management.
  • Technical expert opinions outside proper qualifications.
  • Unscoped contingency matters without a serious diligence pathway.

“You worry about managing the client and the case. Let us worry about the infringement, validity, damages, and appellate issues.”

Request a strategy review

Start with the parties, counsel, patents, proceedings, and the decision your team needs to make. No confidential materials should be sent until conflicts are cleared and scope is agreed.

Begin Conflict Check