The Litigation War Room

Countering Scorched Earth Tactics with Doug Lalone


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Maxwell Goss speaks with Doug Lalone, an engineer and patent attorney with the intellectual property firm Fishman Stewart. Doug tells the story of a very interesting case he handled involving a design patent for a rifle scope. The case involved not only cutting-edge issues in IP law but also intersected with a criminal prosecution. Doug offers insights on dealing with scorched earth litigation tactics and putting together a winning strategy in high-stakes cases.

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  • 00:19 – Introduction
  • 01:49 – About Doug Lalone
  • 04:20 – Doug’s involvement with ACG
  • 05:13 – The Leepers rifle scope case
  • 12:41 – Trade dress infringement
  • 16:25 – Functionality and trade dress
  • 22:04 – Resolution of the rifle scope case
  • 24:18 – Doug’s advice for dealing with scorched earth litigators
  • 26:20 – Pleading the fifth in a civil case
  • 30:52 – Where to find Doug Lalone online
  • 31:38 – Sponsor Spotlight: Shaun Fitzpatrick of Fortz Legal Support

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Doug Lalone’s Attorney Bio

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Show Website

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Fortz Legal: Court Reporting | Litigation Support | Legal Support

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The Litigation War RoomBy Maxwell Goss

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