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Litigation
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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