Chapter 53: The Patent War - Part 1
The conference room became my second home. Walls covered in timeline printouts, patent diagrams, source code excerpts. Three whiteboards filled with technical analysis. The kind of organized chaos that meant I was three days deep into a case and hadn't surfaced for air.
TechVista's engineering team appeared on the video screen at nine AM sharp. Five engineers, all looking exhausted—Amanda Cross had them working overtime to support the litigation.
"Walk me through your development process," I said. "Start from initial concept."
The lead engineer—David Chen, early thirties, Stanford PhD—pulled up a presentation. "We started research on compression algorithms in January 2008. The goal was creating something faster and more efficient than existing solutions. We explored seven different approaches before settling on our current methodology."
"Did you review any competitor patents during this research?"
"We did patent searches to avoid infringement. CloudNine's patent didn't exist yet—they didn't file until November 2009, almost two years after we started."
I made notes. Timeline was crucial. If TechVista started development before CloudNine filed their patent, independent development became provable.
"Do you have documentation of that early research?"
"Everything. Git commits, design documents, email threads. David's paranoid about this stuff." The engineer smiled slightly. "Pays off now."
We spent three hours going through documentation. Every design decision, every code commit, every meeting note. The picture was clear: TechVista had developed their algorithm methodically, documenting each step, completely unaware of CloudNine's parallel work.
[ **Win Rate Calculator: Evidence Assessment** ]
Independent Development Proof: Strong Documentation Quality: Exceptional Timeline Clarity: 18-month head start over competitor patent Success Probability Update: 64% (±12%) Key Vulnerability: Harvey will attack credibility of documentation
After the engineers logged off, I called Dr. Patricia Wong. Patent expert, twenty years experience, testified in forty-plus cases. Her rate was astronomical but Amanda had approved it without hesitation.
"I've reviewed both algorithms," Dr. Wong said over video. She was fifties, Chinese-American, spoke with the precision of someone who'd explained complex things to non-technical people thousands of times. "Superficially similar outcomes—both achieve efficient compression. But the underlying methodologies are completely different."
"Explain it like I'm a judge with no technical background."
"CloudNine's algorithm uses a dictionary-based approach—pre-computing common patterns and referencing them. TechVista's uses predictive modeling—analyzing data in real-time and adapting compression dynamically. Same destination, different routes."
"Can Harvey argue they're substantially similar?"
"He can try. But the source code is different. The mathematical foundations are different. The only similarity is they both compress data efficiently—which is like saying two cars are the same because they both have wheels."
I smiled at that. Judges loved simple analogies.
"What's your professional opinion on independent development?"
"Based on the documentation? TechVista clearly developed their algorithm independently. The timeline is unambiguous. They started eighteen months before CloudNine filed. And their approach is sufficiently different that even if they had seen CloudNine's work, it wouldn't have helped them."
"Will you testify to that?"
"Absolutely. This is a clear case of parallel development. Happens all the time in tech—two companies solving the same problem independently because the problem exists."
We discussed testimony strategy, exhibits, how to present technical evidence to a non-technical judge. Dr. Wong was perfect—credible, articulate, unshakable under cross-examination.
After we hung up, I started drafting the defense strategy memo. Core argument: independent development proved by comprehensive documentation. Supporting arguments: lack of substantial similarity, different technical approaches, temporal impossibility of copying.
My door opened. Hardman walked in, looked at my whiteboard covered in technical diagrams.
"What am I looking at?"
"Algorithm analysis. TechVista's compression methodology versus CloudNine's. They're fundamentally different despite similar outcomes."
Hardman picked up my draft memo, skimmed it. His expression soured.
"This is defensive. Where's the counterattack?"
"The counterattack is proving they're wrong. That we didn't copy because we didn't need to—our solution is better."
"I want you to go after CloudNine's patent validity. Argue prior art, obviousness, anything that makes their patent look fraudulent."
"That's backup position if independent development fails. But our primary defense is stronger—we didn't infringe because we created something different."
Hardman set down the memo, looked at me directly. "I didn't hire you to play defense, Scott. I hired you to hurt Pearson Hardman."
"You hired me to win. This wins." I stood, walked to the whiteboard. "Harvey's going to attack our timeline, imply we're lying about development dates. He'll make it emotional—accuse TechVista of stealing, paint them as Silicon Valley pirates. But if I keep it technical, force him to prove actual copying with evidence instead of insinuation, he'll drown in details."
"Harvey doesn't drown."
"Harvey excels at emotional persuasion. He's brilliant at reading people, making juries believe his narrative. But technical patent litigation? That's not his battlefield. It's mine."
Hardman studied me for a long moment. "You're betting your partnership on this strategy."
"I'm betting it on winning. And this wins."
He nodded slowly. "Fine. Execute your strategy. But if Harvey starts winning the emotional argument, you pivot to attacking their patent. Understood?"
"Understood."
After he left, I turned back to my whiteboard. Hardman wanted spectacle. Harvey probably wanted the same—big dramatic arguments, emotional appeals, courtroom theater.
But this case wasn't about theater. It was about documentation, timelines, technical proof. The kind of methodical, detail-oriented work that made for boring litigation but clear victories.
I spent the next six hours organizing evidence chronologically. January 2008: initial research begins. March 2008: first prototype code. August 2008: algorithm refinement. November 2009: CloudNine files patent—TechVista already eighteen months into development. June 2010: TechVista product launch.
Every step documented. Every decision recorded. An unbroken chain of evidence proving they'd built this independently.
Harvey would attack it. He'd question the dates, imply backdating, suggest fabricated documentation. But he'd need proof, not just insinuation. And I didn't think he had it.
[ **Argument Crusher: Activated - Opponent Analysis** ]
Harvey Specter Strategy Prediction: Primary Approach: Attack documentation credibility Secondary: Emphasize industry culture of theft Tertiary: Appeal to judge's intuition over technical evidence Weakness: Limited technical expertise, relies on emotional persuasion Recommended Counter: Force technical specificity, prevent narrative control
My phone buzzed. Text from Donna: How's the big case?
Complex. Technical. Everything Harvey hates.
Good. Use that.
I stared at that message, thinking about what she meant. Harvey hated complexity he couldn't simplify. Hated technical details he couldn't spin into compelling narrative. This case was designed to frustrate him.
Thanks for the perspective.
Always. How late are you working?
Probably midnight. Patent law is dense.
Take breaks. You're no good exhausted.
Yes, mom.
I'm serious. Harvey works himself to death and looks like it. Don't become him.
That hit harder than intended. I looked at my reflection in the darkened window—three-day stubble, bloodshot eyes, suit jacket somewhere behind my chair. I was becoming the thing I'd mocked others for being.
Point taken. I'll leave by eleven.
See you tomorrow night? Dinner?
Yeah. Text me the place.
I set the phone down and forced myself to step back from the whiteboard. The evidence was organized. The strategy was solid. Working myself into exhaustion wouldn't make it better.
But leaving felt wrong. Like I was giving Harvey an advantage by not working as hard as him.
"That's his trap," I thought. "He makes everything a competition about who can sacrifice more. Don't play that game."
I packed up my materials, shut down my laptop, walked out at exactly eleven PM. The office was mostly empty—a few associates grinding on other cases, cleaning crew making rounds.
Outside, the summer air was thick and warm. Manhattan never quite cooled down in July. I walked toward the subway, thinking about tomorrow's strategy session with Amanda Cross.
My phone buzzed again. Louis: Heard you're buried in patent work. Harvey's doing the same. Both of you working insane hours.
Winner isn't who works longest. Winner is who works smartest.
Harvey doesn't see it that way.
Harvey's problem, not mine.
I got on the subway, found a seat, closed my eyes. Let the technical details settle in my mind while the train rattled through tunnels.
Tomorrow I'd refine the timeline presentation. Day after, start drafting the motion for summary judgment. Week from now, probably facing Harvey in discovery conference.
But tonight, I'd just rest.
The train stopped at my station. I climbed the stairs to street level, walked the three blocks to my building. Small apartment, barely furnished, but it was mine.
Inside, I dropped my bag and collapsed on the couch without turning on lights. City glow through the windows provided enough illumination.
The System hummed quietly in the background, organizing today's information, preparing for tomorrow's work. But I let it run without engaging. Didn't need probability calculations right now.
Just needed sleep.
Tomorrow the war continued.
Tonight, I surrendered.
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