IP litigation | Many ways to win
A guide to a successful settlement
IP litigation offers a range of solutions to help you achieve your goals and, when a favourable intellectual property settlement can provide the best outcome, we have a proven strategy to help you get there.
We understand what every win or loss means to you and sometimes, avoiding litigation is what is best for business.
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How we do it
Finding leverage
Leverage is critical to achieving a successful settlement. We find it in different ways in different cases. It could be identified in a careful and intentional read of productions or a strategy for obtaining documents not produced or taking a tailored approach with a discovery witness. Each case is different but our team has a history of finding the right pressure points at the right time and then knowing how to leverage them.
Settling issues can clear a path to settling the case
Sometimes the number of issues in dispute can give the impression that a case is incapable of settlement. We have a talent for seeing through the forest, ignoring the weeds and working our way through the dispute one issue at a time. Finding common ground or agreeing on a method for resolving disputes can be an effective way to clear the path to an overall resolution.
Being creative
We are innovative thinkers and strategists who create opportunities to settle by seeing both the conventional and unconventional paths to settlement. No two cases are exactly alike so their settlements shouldn’t be either. We eschew boiler plate agreements and we aren’t afraid to ask for something because if you don’t ask for it, you won’t get it.
Working with experts
Our team has a knack for finding the right experts for each case and then knowing how to work with them on the right issues in a cost-effective manner. From identifying knock-out prior art to obtaining a deep understanding of the opposing party’s documents, we work with experts early, often and effectively in an action to unlock the power of their expertise.
Considering issues of risk
Litigation entails risk to your business whether monetary, operational or reputational. We work hard to understand your business and risk appetite so we can manage the risks associated with going to trial or of settling short of a trial. Our risk tool kit includes decision tree analysis to aid in decision-making.
Having a reputation for honest dealing matters
Having a high-profile, high-stakes case doesn’t mean you have to fight tooth and nail on every issue at every stage of the proceeding. Effective counsel know when to fight and when to get along with counsel on the other side. The ability to do so requires a reputation for honest and fair dealing. That kind of reputation isn’t earned overnight. Our litigators take pride in their professionalism and civility which we consider an asset in our ability to fight zealously for our client’s interests.