Intellectual Property Disputes in Los Angeles CA and ADR
With its hub of technological companies and access to wealth, intellectual property disputes in Los Angeles California are not uncommon. Parties may not agree as to the extent of a patent or may believe that they are well within their rights to utilize certain intellectual property. While some lawyers specialize in litigating intellectual property disputes in Los Angeles California, alternative dispute resolution offers a number of advantages over litigation.
In a typical case of intellectual property disputes, the moving party is subject to certain risks, including the potential to have his or her patent narrowed or eliminated altogether. This is disheartening when considering the time and expense that is commonly executed to secure a patent in the first place. Likewise, the defending party is at risk of being forced to pay a sizable judgment or to stop using the intellectual property, which may cause this individual to go out of business.
Rather than litigate such issues, parties may choose to pursue mediation of their intellectual property disputes. This option is preferable if the parties wish to maintain a positive relationship after the issue is resolved. Additionally, this option provides the parties with the opportunity to devise a settlement that meets all of their needs. For example, a licensing agreement may be born out of a mediation conference. When handling intellectual property, it is important that the mediator be familiar with this complex area of law.
Arbitration is another potential option. It is similar to litigation but is not as rigid in its application of evidence rules and the process. Parties who want to quickly resolve the claim without having to invest as much money as litigation, would likely incur may choose this option. Individuals can present their case in front of an objective decision maker and have the decision be just as binding as a court decision. Arbitrators who handle intellectual property disputes should pursue ongoing training so that they are aware of the latest developments in this ever-changing aspect of the law.