What are the most common types of IP Litigation that clients face?
The clients that typically face litigation are in really competitive fields, and they often know their competitors. Often the litigation is because of distrust or dislike or thought that perhaps they took our idea. So one of the things I’ve told clients before when they’re in these highly competitive situations is, “Now, you’ve got to get to know the CEO on the other side. You’ve just got to do it. Because once you know them, then it’s not Company A versus Company B, it’s this guy over here that I know. You pick up the phone and you call him.” It’s a good way to avoid litigation.
In other cases what we’ve done, short of starting a lawsuit, is we engage and come to some written, express agreement on how these competitors are going to handle intellectual property disputes, and we’ll do a tiered process. First, we do a call, then we do a mediation, and then we do a binding or a non-binding arbitration. We have agreements that accomplish that.