Trial strategy and war stories
Themes, demonstratives, and what juries actually remember, from both the hot seat and counsel table.
Use technology. Don’t be used by it.
Jason Wietholter.
Patent trial lawyer and former hot-seat trial tech. I write and speak about trials, AI, and courtroom technology, and about making sure the technology works for you, not the other way around.
About
From the hot seat to counsel table.
I’m a partner at Russ August & Kabat, where I focus on high-technology patent and intellectual property litigation, primarily for patent owners. I’ve been part of RAK trial teams in patent jury trials in federal court.
I came to the law from the courtroom side. Before law school I was a trial consultant and hot-seat trial technologist. I built the demonstratives, case themes, and trial presentation strategies that help jurors understand complex technology, and I wrote and presented for law firms and bar associations on effective trial presentation.
I still build. At LitTech I work on legal technology, and I teach courtroom video and trial presentation. The idea behind all of it is the same: let technology do the grunt work so people can focus on judgment, strategy, and persuasion.
- RolePartner, Russ August & Kabat
- PracticeHigh-technology patent litigation for patent owners
- Before lawTrial consultant and hot-seat trial technologist
- EducationJ.D., summa cum laude and valedictorian, The University of Tulsa College of Law. B.S., Oklahoma State University
- RecognitionSuper Lawyers Rising Star, 2024 to 2026
- AdmittedCalifornia
How I think about it
Better, faster, cheaper. Pick two.
Or maybe not anymore.
In video production we had a rule: you only get two. Technology and AI are breaking that rule, but only when they work for you. Let the tools carry speed and cost, and you get your time back for the part that was always yours.
Faster
is the tool’s job.
Turnaround, drafts, transcripts, exhibits by morning.
Cheaper
is the tool’s job.
Less grunt work, fewer hours spent on what a machine can do.
Better
is still yours.
Judgment, strategy, and persuasion. Technology should sharpen it, not replace it.
Technology makes the work faster and cheaper. You make it better.
What I write and talk about
Four subjects, one through line.
AI and the practice of law
Think first, then let AI build it out, and verify everything. Your name is on the work, not the model’s.
Patent litigation
How patent cases get tried, and how being ready for trial shapes enforcement and licensing strategy.
Courtroom and deposition tech
Trial presentation, deposition video, and choosing the right setup so the jury watches you, not the screen.
Writing
Recent posts.
A Jury Is the Toughest Audience You'll Ever Face
Trial lessons that transfer to any pitch, keynote, or team update.
Better, Faster, Cheaper: Pick Two (Or Maybe Not Anymore)
What video production taught me about tradeoffs, and how technology lets you push quality, speed, and cost all at once.
The Worst Way to Use AI as a Lawyer Is to Start With It
AI doesn't make lawyers better. It makes them faster and cheaper. Only the lawyer makes the work better.
Representative work
From the courtroom.
Headwater Research v. Verizon
Jury verdict of $175 million for Headwater Research on device-assisted traffic control technology.
Headwater Research v. Samsung
Jury verdict of $279 million for Headwater Research on push-messaging technology. Samsung was represented at trial by Fish & Richardson and Quinn Emanuel.
EcoFactor v. Google
Jury verdict of infringement and no invalidity on smart thermostat and energy-saving HVAC control technology.
EcoFactor v. ecobee
Jury verdict of infringement ($5.4 million) and JMOL of no invalidity on smart thermostat and energy-saving HVAC control technology.
Results reflect the work of the full trial team. Prior results do not guarantee a similar outcome.
Contact
Let’s talk.
Reach me on LinkedIn or X, or send a note through the contact form.