This poem was written by General Counsel of a client which I successfully defended in a patent infringement suit before a federal jury in Tulsa, Oklahoma. The General Counsel attended each day of the trial from opening statements through the verdict. The poem represents his impressions.
George H. Gerstman

My second experience, at a full-blown trial,
I fondly hope, the last for awhile;

Held in Oklahoma, lasting more than a week,
To resolve disagreement, and justice to seek;

Filed in 1978, tried twice in seven years,
The case was enough, to cause frustration and tears;

Initially including theft, of secrets of trade,
With a directed verdict, that claim began to fade;

Also involving a patent, its claims 1 and 6,
A charge of infringement, and associated tricks;

Directed verdict, on that issue too,
The plaintiff appealed, seeking trial anew;

Affirmed on the trade secrets, but reversed in part,
Returning the patent issue, for a brand new start;

That is the background, leading to a second trial,
Which proved unique, of that there's no denial;

Preliminary matters, occupied the first day,
A jury was selected, in a rather calm way,

With the opening statement, the fur began to fly,
Objections and accusations, started whizzing by;

Also on the first day, the plaintiff's case began,
And a series of firsts, for any trial fan;

For its first witness, not exactly a friend,
Defendant's engineer, and the rules began to bend;

Plaintiff tried but failed, to get the witness to say,
Something favorable, even helpful in any way;

For its second witness, a suspicious young man,
And in the audience, most of his clan;

President and stockholder, also the whole firm,
He testified bravely, but also did squirm;

For it was evident, and to most very clear,
That he exaggerated and lied, to impress all those near;

His demeanor changed, between direct and cross,
When faced with facts, he seemed at a loss;

With two depositions, the plaintiff then closed,
A motion for directed verdict, the defendant again posed;

Having once been reversed, the judge was most wise,
This time he denied, with a glint in his eyes;

So the case went on, starting with day three,
The defendant's turn, to help the jury to see;

To understand patents and circuits, multiplexers as well,
To compare two systems, how the differences to tell;

The defendant used charts, with colors so bold,
To simplify the facts, and a story to mold;

The story involved four witnesses, almost three days,
Their testimony was sound, clearing away any haze;

Day five included rebuttal, and motions too,
And jury instructions, more than a few;

Most of day six, was behind the scene,
In judge's chambers, while the jury got mean;

By 3:00 that day, the end was in sight,
The jury would take over, that very night;

In closing arguments, a typical ploy,
The plaintiff was presented, as a good old boy;

Using both counsel, they did try,
Their local boy wonder, to fortify;

Defendant argued clearly, with precision and care,
To convince the jury, to be reasonable and fair;

The defendant's battle, from the beginning uphill,
Was hard and well-fought, but professional still;

Day seven arrived, and at 9:00 that morn,
The jury was instructed, a marshall was sworn;

By 10:15, their deliberations had started,
The courtroom emptied, all observers departed;

Awaiting the verdict, allowed time to reflect,
To review the trial, and fears to deflect;

The judge was grandfatherly, both quiet and kind,
Among the very best, of judges you'll find;

The case was complicated, and what's more,
The jury was faced, with an unenviable chore;

To rule for the defendant, while just and right,
Would put the plaintiff, in an unfavorable light;

For six neighbors, that would be hard,
A local boy's image, would certainly by marred;

So the defendant was leery, actually queasy,
Lest the jury follow, the path most easy;

But that afternoon, the jury did its duty,
An invalidity holding, a bit of startling beauty;

Expensive indeed, but justice was done,
The system's not perfect, but the right side won!

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