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Most companies and most individuals attempt to follow the law.  But disagreements can exist about how the law applies to certain situations. For the most part, intellectual property rights in the U.S. are not publicly enforced, so disputes about intellectual property become the subject of litigation between the two parties, either in court or outside of court. 

Hopefully, the dispute is resolved quickly, with both parties agreeing to a resolution or compromise.  In fact, the vast majority of intellectual property disputes never reach trial. 

Other times, however, due to the large amount at stake or the nature of the disagreement, the parties proceed through the litigation.  In determining how to proceed with a dispute, both in court and in negotiations with the other party, the best results are achieved through combining an experienced viewpoint of how the dispute would proceed through court with a strategic understanding of how the dispute and costs of litigation affects the business plan.       


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