Haynes Boone Partner Eugene Goryunov talked with Law360 about how three months of pandemic lockdowns and economic disruption have started making patent attorneys and litigants think in new ways about their cases and how they're conducted.
Here is an excerpt:
Rethinking Constant Travel
Depositions and hearings by videoconference have some drawbacks in that it's more difficult to read body language and visual cues that can shape arguments and to make connections with witnesses or judges. However, they've worked well enough that the possibility of using computers to replace some of the many flights, hotel stays, meals and other travel expenses that have long been integral to patent litigation is bound to get a closer look, even after they're no longer required, Eugene Goryunov of Haynes Boone said.
"I think that clients are seeing the successes that counsel are having using these electronic means, and they see this as an amazing cost-saving opportunity," he said.
He said that his first attempt at conducting a deposition by videoconference a few months ago was a "less than thrilling experience," but it became second nature the more he's done it. While attorneys and clients will likely prefer for depositions and hearings that are likely to be contentious to be done in person once that's possible, Goryunov said he can envision a move to electronic proceedings for more run-of-the-mill matters.
He noted that some judges require all counsel to attend scheduling conferences, which can last just an hour and require dozens of lawyers flying in from around the country.
"There's certainly value to this, but I think all that cost can be avoided," he said.
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