By: Joe Mullin
IP Law & Business

Lawyers know that copying doesn't need to be present to prove patent infringement. Independent invention is not a defense to an allegation of infringement, and patent law stands alone, legally speaking, in that it actually punishes independent development. Other areas of intellectual property law, including copyright, trademark and trade secrets, all require proof of actual copying to hold a defendant liable.

But patent trials get played out on an emotional playing field, as well as a legal and technical one. Veteran trial lawyers and jury consultants say that most Americans think that infringement means inventors claiming they've been copied, their ideas "ripped off" or stolen. "Jurors will almost always talk about copying," says jury consultant Doug Green, even when copying has not been alleged.

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