With the beginning of any IP dispute, the threat of intellectual property litigation is often nothing more than a pressure tactic used to coerce an agreement from an opposing party. Litigation is a complex and protracted negotiation—more than 90% of civil cases never reach trial, but are resolved through settlement or mediation. During the course of a lawsuit, it is not only an ultimate agreement that is negotiated, but also many intermediary issues: venues, motions, discovery, scheduling, admissibility of evidence, etc. Thus, techniques that work in other negotiation situations have their place in litigation as well.

In the case of a lawsuit, your alternative to settlement is often a jury trial. However, all too often the anticipated jury verdict—the best alternative to settlement—remains an uneducated guess on the part of trial attorneys. Frequently, it is only when they realize that an agreement is unlikely that they call their favorite trial consultant to figure out what themes of the case might appeal to jurors. As intellectual property attorneys with a strong transactional background, the attorneys of HULSEY^IP have the ability to put your best interests first in pursuing a strategy focused on what resolution best serves your needs.