Experienced Lawyers Protect Clients’ Interests in Legal Disputes
Proven advocates provide astute representation in intellectual property litigation and mediation
The outcome of an intellectual property dispute can have a serious effect on a company’s bottom line. At Christopher & Weisberg, P.A., we are highly skilled and effective advocates who have extensive experience representing clients globally in intellectual property litigation and mediation matters. Having knowledgeable and decisive representation is key to maximizing your chances for success in an intellectual property dispute, and we help clients choose the right forum and strategy to assert their rights.
How do litigation and mediation differ from one another?
Litigation and mediation are dispute resolution processes, and both are frequently used to decide the result of intellectual property disagreements. The main, and perhaps most important, distinction between the two forums is litigation puts the outcome in the hands of a jury or judge, and mediation allows the parties to privately settle the dispute in a neutral environment. Litigation may be the best option if the parties’ expectations and goals are too far apart, or the defendant is accused of egregious or excessive misconduct. Mediation is faster, less expensive and more flexible, but both parties must agree to accept the outcome. Our team has a track record of securing favorable outcomes in both litigation and mediation proceedings.
What should you expect during the intellectual property litigation process?
Litigation, especially in the intellectual property realm, is a complex process that involves much more than presenting arguments and testimony at trial. Because of the complexity of the law and technological issues involved in many intellectual property disputes, there are additional proceedings and types of evidence specific to IP cases, including:
- Markman Hearing — A pretrial hearing in patent litigation, in which a judge makes a legal determination about the meaning of disputed terms and phrases in the patent claims at issue.
- Intellectual property valuation discovery and testimony — Evaluations of the tangible and intangible value of intellectual property for purposes of establishing damages.
- Technical expert discovery and testimony — Assessments of technical experts regarding centrally disputed issues, such as infringement, validity, scope of the patent claims and the level of a consumer’s sophistication.
The outcome and conclusions of these hearings and evaluations can directly impact the viability of your case, and we have the experience and resources to build comprehensive and innovative strategies to support your position.
How mediation can be advantageous to intellectual property disputes
Keeping intellectual property disputes out of court is often preferred due to the extensive time and cost it takes to litigate these cases. Mediation can also provide advantages that are particularly important when intellectual property is involved, including:
- The mediation sessions are closed, and the discussions kept confidential.
- You can choose what information to share with the other side
- You can select a mediator who specializes in intellectual property disputes
- You can fashion a resolution that fits the needs of all parties
- Mediation can narrow the issues to better facilitate possible settlement
Mediation can play a vital role in almost every intellectual property dispute, and we will assess whether this process would be beneficial in your situation and, if so, provide sound advice and direction throughout the mediation sessions.
Contact a skilled law firm today to obtain a free initial consultation
At Christopher & Weisberg, P.A., we understand the stakes in intellectual property disputes and offer aggressive representation to clients across the globe, including Asia, South America, Central America, the U.S. and Europe, in a variety of intellectual property litigation and mediation matters. Please call (954) 820-6487 or contact us online to schedule a free consultation.