When disputes involving intellectual property (IP) rights arise, it will often be in all parties’ best interests to reach an amicable resolution without court involvement. While this is particularly true for disputes arising under licensing agreements and other IP contracts, it is frequently the case for other types of infringement and misappropriation claims as well.
At Greenblum & Bernstein, P.L.C., we are adept and experienced in reaching settlements to IP disputes that can benefit both parties. While we are always ready to litigate when necessary, we also know when litigating is not in our clients’ best interests. When it makes sense to pursue settlement in light of the circumstances of a particular dispute and the various legal, financial and business implications involved, we focus our efforts on finding common ground and securing the leverage we need in order to negotiate a favorable result.
Our Approach to Settling IP Disputes
There are many different approaches to settling legal disputes, and there are numerous theories on the most-effective strategies for finding “win-win” solutions that still manage to tip the scales in one party’s favor. However, what works in one scenario might not work in another, and what is acceptable to one company might represent a non-starter for one of its competitors. As a result, at Greenblum & Bernstein, we take a comprehensive and circumstances-specific approach, and we focus on achieving a positive outcome for our client in light of the specific facts at hand.
When we believe it is in a client’s best interests to settle an IP dispute, we work closely with our client’s key stakeholders to define acceptable terms. We also frequently pursue steps that are akin to the early stages of litigation, and may even initiate formal proceedings in order to apply pressure and “get in line” in court. When pursuing settlement, it is crucial to make clear that settling is not your only option, and the other party must know that you are prepared to litigate if necessary. If the exclusivity of your company’s IP rights is in jeopardy, it may be necessary to seek an injunction or other preliminary relief in conjunction with opening settlement negotiations as well.
On the defense side, just as much can be at stake, and deciding whether to pursue settlement requires a thorough assessment of the potential outcomes of any lawsuits that may be filed. If the costs of settlement are too high, then litigating will be the better option. On the other hand, if settling will serve to mitigate your company’s liability while also preserving a key commercial relationship, then writing may already be on the wall.
From trademark infringement claims to patent licensing disputes, all types of IP-related disputes can potentially be resolved through settlement. Does it make sense to settle your company’s dispute? To discuss your options in confidence, contact us today.
Contact Greenblum & Bernstein, P.L.C.
If you would like to speak with one of our attorneys about your company’s intellectual property dispute, we encourage you to get in touch. Call 703-716-1191 or contact us online to arrange a confidential consultation.