Chapter 52: The New Case Assignment
Monday morning, Hardman's assistant found me at my desk reviewing Robert Chen's incorporation documents.
"Mr. Hardman wants to see you. Conference room A."
The tone suggested immediately, not eventually. I closed the files, grabbed my notepad, headed down the hall.
Hardman was there with two junior partners—Williams and Chen—and a massive case file spread across the table. Patent documents, technical specifications, litigation history. The kind of case that meant long hours and substantial fees.
"TechVista," Hardman said without preamble. "Cloud storage company. Pearson Hardman's client—CloudNine Technologies—is suing them for patent infringement. Claims TechVista stole their compression algorithm. Forty million dollars at stake."
He slid a folder across to me. "I'm making you second chair."
I opened the folder, started scanning. Patent filed in 2009, TechVista's product launched in 2010, CloudNine claiming theft of trade secrets and willful infringement. Standard patent warfare.
"Second chair to whom?" I asked.
Hardman smiled. "To yourself. This is your case. Win it, and we begin partnership discussions."
I looked up from the folder. This was a test. High stakes, high visibility, direct opposition to Pearson Hardman. Partnership carrot dangling in front of me. And based on the litigation history, Harvey Specter was lead counsel for CloudNine.
Of course he was.
"What's the client's position?" I asked.
"Amanda Cross, TechVista's CEO, is certain they developed their compression algorithm independently. She's got engineers, documentation, the whole chain of development. But Pearson Hardman's playing the 'everyone steals in Silicon Valley' card."
"Do we have prior art?"
"That's what you're going to find out. Client call is in ten minutes. I want your initial assessment by end of day."
Williams and Chen stood, leaving with knowing looks. They'd been through this—Hardman's sink-or-swim approach to cases. Give an associate responsibility, watch them drown or swim, adjust treatment accordingly.
The conference room door closed behind them. Hardman stayed.
"Harvey Specter is lead on the other side. This isn't about winning, Scott. It's about destroying him publicly. Patent cases are technical, complex. Make it so dense with details that he drowns. Make him look incompetent in front of his client."
There it was. The real agenda. Not client service. Not justice. Just Hardman's vendetta against Harvey.
"I'll win for TechVista," I said carefully. "But I win on the merits. If Harvey drowns in details, that's his problem. But I'm not sabotaging client interests for spectacle."
Hardman's expression hardened slightly. "I'm giving you a path to partnership. Don't waste it being noble."
"I'm taking the path by being competent. That's worth more than nobility."
We stared at each other. Then Hardman nodded once, sharply. "Conference system is ready. Client's calling in two minutes."
He left. I sat alone in the conference room, thinking about what I'd just agreed to. First case at Hardman & Associates had been wrongful termination—small stakes, clear ethics. This was patent litigation—millions of dollars, competing technical claims, months of discovery.
And Harvey Specter on the other side, probably already planning how to crush me.
[ **Win Rate Calculator: Case Assessment** ]
TechVista v. CloudNine Technologies (Defense) Initial Success Probability: Unable to calculate - insufficient data Key Variables: Prior art existence, independent development proof, Harvey Specter expertise Recommendation: Secure technical expert, document development timeline, prepare for extended motion practice
The video screen flickered to life. Woman in her forties, sharp features, tech CEO casual—expensive hoodie, minimal jewelry, the look of someone who'd built something real and refused to apologize for it.
"Amanda Cross, TechVista. You must be Scott Roden."
"I am. I've reviewed the complaint. Tell me your side."
She didn't waste time. "CloudNine claims we stole their compression algorithm. We didn't. We developed ours completely independently starting in 2008, filed our own provisional patent in 2009, launched product in 2010. Different approach, different code, different result."
"Then why are they suing?"
"Because our algorithm is better and cheaper. We're taking their market share. So they're using litigation to slow us down while they catch up technically."
I made notes. Classic patent warfare—use the legal system as a weapon when you can't compete on product quality.
"Do you have documentation of your development process?"
"Everything. Git commits showing code evolution, design documents, meeting notes, emails. My lead engineer kept meticulous records because he was paranoid about this exact situation."
"Good. I'll need all of it. Also need to interview your engineering team, understand the technical differences between your algorithm and theirs."
"Done. Anything else?"
"Yeah. Pearson Hardman's lead counsel is Harvey Specter. He's very good. This is going to get expensive and ugly. Are you prepared for that?"
Amanda Cross's expression didn't change. "Mr. Roden, I built this company from nothing. I've survived investor backstabbing, acquisition attempts, market crashes, and three separate harassment lawsuits from male competitors who couldn't handle losing to a woman. Harvey Specter doesn't scare me."
I smiled. "Good. He shouldn't. But he's going to try."
"Let him try. You get me out of this lawsuit, I'll make sure everyone in Silicon Valley knows Hardman & Associates fights harder than the big firms."
We talked logistics for another twenty minutes. She'd have her engineering team available for interviews, send over all development documentation, connect me with their patent attorney who'd handled the original filing. Professional, efficient, no nonsense.
After she disconnected, I sat in the empty conference room thinking about what I'd just taken on. Patent litigation was complex, technical, a different beast from wrongful termination. I'd need to learn the technology, understand the algorithms, probably hire my own technical expert.
But if I won, partnership discussions began. Real advancement, not just associate grinding.
My phone buzzed. Text from Louis: Heard you're facing Harvey on TechVista. He's already bragging he'll crush you. Be ready.
I typed back: Harvey brags when he's nervous. How's Pearson Hardman?
Busy. Harvey's treating this case like personal vendetta. Mike's assisting but Harvey's not delegating anything important.
Thanks for the intel.
Be careful. Harvey wants to prove the Kessler case was a fluke. He's not going to settle this one.
I pocketed the phone and started pulling up patent law resources. Federal Circuit precedents, technical claim interpretation, doctrine of equivalents. My System began cataloging information, but patent law was too dense for quick analysis. This would take time.
Hours later, buried in case law about prosecution history estoppel, my office door opened. Hardman walked in, looked at my screen.
"How's the research?"
"Complicated. Patent law is its own universe. I'll need a technical expert and probably a specialist consultant."
"Bill it. Client can afford it." Hardman sat down across from my desk. "What's your strategy?"
I turned my monitor so he could see my notes. "Two-track defense. First, prove independent development—we show our algorithm was developed without any knowledge of theirs. Second, demonstrate lack of substantial similarity—even if there's superficial resemblance, the underlying implementations are different enough to avoid infringement."
"And if neither works?"
"Then we argue patent invalidity based on prior art. But that's backup position. Primary defense is we didn't copy because we didn't need to—our solution is better."
Hardman nodded slowly. "Harvey will attack the development timeline. Try to show your client had access to CloudNine's work."
"They didn't. Amanda Cross is meticulous about documentation."
"Harvey will manufacture doubt. That's what he does."
I thought about Harvey's approach—aggressive, confident, willing to imply things he can't quite prove. It worked in front of juries who valued certainty over complexity.
"Then I'll make it too technical for implications to work. Force him to prove actual copying with evidence, not just insinuation."
"Good." Hardman stood. "Partnership discussions begin when you win this. Not if. When. Make it happen."
After he left, I kept working. Read patent applications, technical specifications, CloudNine's litigation history. They'd sued three other competitors in the past five years—two had settled, one had fought and lost. Harvey's record on patent cases was strong.
But TechVista had one advantage the others hadn't—complete documentation of independent development. If I could prove that, CloudNine's case collapsed.
My phone buzzed. Text from Donna: Working late?
New case. Patent litigation against Pearson Hardman.
Harvey's case?
Yeah.
Three dots appeared, disappeared, appeared again. Be careful. He's in a mood about this one. Keeps saying something about crushing upstart firms.
He can try.
Scott. I'm serious. Harvey's making this personal. He wants to prove Kessler was luck.
Then he's going to be disappointed. This isn't luck. This is preparation.
Dots again. Then: I believe you. Just... remember it's okay to ask for help. You don't have to prove everything alone.
I stared at that message for a long moment. She was right. I'd been operating like I had to win every case solo, prove myself constantly, never show weakness.
Thanks. I'll remember that.
Good. Now stop working and get sleep. You look terrible when you're exhausted.
How do you know how I look? You can't see me.
I know you. That's how.
I smiled and shut down my computer. Outside my window, Manhattan glittered in evening light. Somewhere across town, Harvey was probably working on the same case, probably confident he'd destroy me, probably already planning his victory.
Let him plan.
I had documentation, a motivated client, and the particular advantage of knowing Harvey underestimated me. That combination had worked once.
It would work again.
I packed up, headed home. Tomorrow I'd start building the defense. Tonight, I'd just rest and think about Donna's message.
Remember it's okay to ask for help.
Maybe she was right. Maybe I didn't have to fight every battle alone.
But this battle—against Harvey, for partnership, to prove I belonged at this level—this one I needed to win myself.
Everything else was just noise.
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