Cozen O'Connor is a decent firm, but honestly, they are outmatched. That doesn't mean they cannot win this case. But they need to step it up.
The two firms they are up against, Latham & Watkins and Weil Gotshal, are top 10 firms. The firm I was at is a top 10 firm - Kirkland and Ellis. Kirkland, Latham, Weil, have all traded the top spot in terms of recognition numerous times over the years. Cozen O'Connor, while a good firm, has never come close to that mark. So the reality is that Cozen is good, but they are outmatched. And it shows.
Now do I think they can win. Yes. But can they win practicing law like this. No. They will have to want it. They will have to work harder at it than they are. If they do that, then they have a chance. I am hoping that they turn it around. They have started to but I hope it is not too late.
The problem is that Jeff doesn't know any better. He is not a patent lawyer. PM has its own internal Intellectual Property counsel that probably does nothing by sets strategy, reviews papers that Weil and Latham draft and that likely gets really critical about that stuff. But all of that produces good results and quality work. I was on the receiving end of that process for years. It is how it works and it works well. HCMC has none of that. There is nobody internal that is equipped to criticize Cozen and to really challenge them. For example, if I was HCMC's internal advisor, I would sit with Cozen daily, review papers, reject their work, have it refined, demand expert testimony. I would have definitely made them buy the device and run tons of test on it. Jeff doesn't know what he doesn't know. I am sure he is good at reviewing contracts or whatever type of law he did or does. But this is not a contract case. It is a patent litigation. It is very specialized.
Do I think they can win. I am not feeling great at the moment, but I am holding 30 million shares at the moment, so hopefully that says something. Am I frustrated by the harm that their missteps have caused - absolutely. For me, this has been converted from something with a real chance to something more like a gamble or a lottery ticket. And that change was inflicted by Cozen.
