Washington, D.C. intellectual property lawyer Matt Phillips talks about his process for preparing for oral argument. He devotes substantial time to preparing for oral arguments, tailoring his approach to the forum—whether it is before the PTAB in an ex parte appeal, before the PTAB in an AIA trial, or before the Federal Circuit. He notes that time constraints differ significantly among these venues. At the Federal Circuit, arguments are limited to 15 minutes, requiring strict focus on the most critical aspects of the case. Ex parte PTAB appeals allow 20 minutes, also demanding conciseness. In contrast, AIA trials typically provide 45 minutes to an hour, permitting more extensive use of visual aids.

He cautions against overreliance on slides, emphasizing that oral argument is not a presentation but a dialogue with the judges. Effective preparation, in his view, centers on anticipating and answering potential questions. He follows a comprehensive process to identify possible questions, outline responses, and anticipate follow-ups, ensuring he understands every relevant detail of the case to the depth any reasonable judge might inquire about.

He explains that one of the most important aspects of preparation is developing an effective opening. Because arguments are frequently interrupted by questions, he structures his remarks to deliver key points in the first 10 to 15 seconds, then expands based on available time. He prepares multiple versions of this introduction—designed for 10 seconds, 30 seconds, one minute, or five minutes of uninterrupted time. When resources allow, he considers conducting mock arguments invaluable for refining delivery and ensuring readiness for any line of questioning.