Preparation is the key to successful litigation. A critical
first step is the evaluation of the intellectual property
rights, to determine whether those rights are valid and infringed.
For an accused infringer, the results of the evaluation can
be used as a basis for avoiding willful infringement. For
an intellectual property owner, the results of that evaluation
can be used as a basis for avoiding willful infringement.
For an intellectual property owner, the results of that evaluation
can be used to assess the likelihood of success at trial.
An important factor in the cost of litigation is the discovery
process. We develop a thorough discovery plan at the outset
of litigation to effectively meet the limitations imposed
by many courts, and to focus discovery efforts on the critical
issues. We also work carefully to eliminate issues prior to
Our attorneys, many of whom have technical degrees and are
registered patent attorneys, routinely practice in Federal
and State Courts, as well as before administrative bodies.
Through our network of foreign associates, we can also assist
clients when litigation occurs outside the United States.
Alternative Dispute Resolution
Litigation demands rigorous adherence to the rules of practice.
ADR procedures are relaxed by comparison. This enables parties
to tell their stories in a direct manner without concern for
whether the evidence they use would be admissible at trial.
The three most commonly used types of ADR are mediation, arbitration
and early neutral evaluation.
Mediation involves an impartial person, the mediator, who
facilitates communication between parties to promote settlement.
Mediation is the least adversarial and the most informal type
of ADR. However, unless a settlement is reached, mediation
does not result in an enforceable decision.
Arbitration is a more structured form of ADR, in which each
party presents its position to one or more impartial arbitrators.
The proceeding concludes with a decision by the arbitrators,
which may or may not be enforceable in a court, depending
on the agreement of the parties.
Early neutral evaluation is used by many Federal Courts to
encourage prompt settlement. Typically, an evaluator with
experience in the relevant area of law is appointed and each
party presents its position and evidence at an informal hearing.
The proceeding concludes with a decision which is not disclosed
to the court.
Settlement and Negotiation
Given the potential cost and disruption of litigation, Medlen
& Carroll, LLP believes a thorough exploration of settlement
through negotiation offers the best initial alternatives for
most clients. Very often it is possible to prevent litigation
by opening a channel of communication with the other party
to a dispute. If both parties are willing to be reasonable,
a dispute can often be resolved quickly and at a modest cost.
We almost always recommend taking this first step.
Disclaimer: This website is provided
for informational purposes ONLY. It is not a substitute for
obtaining legal advice. Neither reading the information provided
nor contacting us via Internet e-mail creates an attorney/client
relationship. Please do not
e-mail us any confidential information. If you are seeking legal
counsel, contact us by telephone.