As it has almost every industry and business around the world, the COVID-19 pandemic has altered the practice of law. While these unprecedented times present myriad problems, patent attorneys are among the best equipped to adapt and embrace the changes. Because of the global nature of patent law, which often necessitates regular travel to appear in court, depose witnesses, meet with clients and/or engage in other face-to-face business endeavors, patent attorneys generally are accustomed to working remotely and relying on technology to operate their practice. As a result of procuring, protecting and promoting cutting-edge technology and innovations, patent attorneys often are also early adopters of products and services that eventually become essential business tools.
Technology like e-discovery and remote depositions enables attorneys to continue to work without disruption during the pandemic but still poses considerable obstacles. For example, conducting a deposition requires extensive coordination of and technological compliance from the witness, both sides’ attorneys, the court reporter and/or videographer, and any other necessary attendees. Specialized software is needed to reliably present exhibits, or alternatively, physical copies of all potential exhibits need to be sent to all parties prior to the deposition. Consequently, this may result in less-productive depositions because of an inability to cover as much material due to technical difficulties and/or to execute a strategy effectively in the intended manner.