Case Studies
IP Licensing Litigation
In litigation, the higher the stakes, the more vital creativity can be. Not always – litigation is a dispute, and disputes don’t always lend themselves to innovation. But in some situations, an experienced litigator can save clients time and money, and arrive at a good result, by really, truly, thinking outside the box.
Problem: A Farella Braun + Martel litigation team represented a major technology company in a lawsuit where our client was accused of breaching an IP license. Our client was interested, as many clients are, in finding some leverage points early in the case so that the parties could resolve the dispute without grinding through the prolonged, expensive process of going all the way through trial. Sometimes, of course, you must dig in and litigate. However, in this case, given the amount of money at issue, this didn’t make financial sense.
The problem, in short, was to find a way to significantly reduce liability without putting forth a full and lengthy defense of the case, including avoiding the expensive process of discovery.
