Patent lawyers will always seek a negotiated settlement before proceeding through further litigation. It proves to be the least time consuming, and will often result with beneficial outcomes for both the plaintiff and the defendant. Typically, the patent lawyers will negotiate and attempt to draft a license.
When a negotiated settlement can not be secured and successfully arrived at, patent lawyers will consult a mediating party to facilitate the negotiation process. The plaintiff’s patent lawyers will typically assume an aggressive stance and hopefully convince the defendant that arriving at an understanding at this point will prove to be the best option, rather than take the matter to trial.
Typically, mediation will result in a faster settlement which can not be appealed by the defendant. Unless the patent lawyers on the defendant’s side are thoroughly convinced that no patent infringement has occurred, a negotiation will typically be reached.
The last viable option in terms of preference for the patent lawyers and opposing parties involved, for patent infringement lawsuits that reach trail will most definitely prove to be the most costly and time consuming. Here, opposing parties will present their arguments and all necessary information and evidence in order to help the judge reach a decision in their favor.
More often than not, the main issue at hand will be revolved around the patent’s claims, and how such interpretations of the claims actually lend themselves to prove or disprove patent infringement.