A new pending study is raising controversy about the reasons for litigation.While it is not patent-law specific, it will certainly have an impact on the patent law world.The study investigates whether it is better to settle disputes outside of court or go to trial.
The determined results were interesting.It was determined that generally, it is “wrong” to go to trial, meaning that the cost of going trial is statistically much greater than the cost of settling out of court.This finding holds true for both sides of the dispute.According to the numbers, 61% of plaintiffs were wrong, and 24% of the defendants were wrong.Only 15% of individuals made the right choice in going to trial.
They also determined that the cost is disproportionately greater for defendants than it is for plaintiffs.Plaintiffs lost on average $43,000 dollars, where as defendants had to pay close to $1.1 million.Sometime experience pays, especially when there is a lot of money at risk.
If you would like explore your patent law litigation options, contact an experience patent law attorney at William Kherkher by calling 866.950.9000.
The debate over patent law is getting hotly debated as more and more legislators are pushing for patent law reform.Recently, Zoe Lofgren, a Democratic Representative from California, told a crowd in Denver that Congress should pass legislation to improve and update the United State patent law system by sometime next year.A bill was passed in the House but stalled in the Senate because of controversy.
Lofgren stress that new conversations must be forged that would begin with “things we know we can agree on.”This would put things in place that would lay down a framework for a standardization of the patent law interpretation and judicial rule.The ultimate question was a difficult one to answer.Lofgren asked:“How do you legally set a framework that prevents abuses and allows for a vigorous system that protects intellectual property?”
If would like to explore your legal options with regard to patent law, contact the experienced patent law attorneys at the law offices of Williams Kherkher by dialing 866.950.9000.
As technology becomes more sophisticated and complex, determining whether or not a competing object has significantly infringed upon another creative invention, with similar components and functionality, has become an increasingly difficult task.
Ultimately, the decision of whether or not a device has been infringed upon depends on the definition of what the device is and what it will be used for.In some courts, a series of tests are conducted in order to make a determination.
Devices are vetted against a “Doctrine of Equivalents.”Through this process, elements of the accused device are compared very closely to the claimed device.If there is a high equivalency rate, then the accused device may be charged.Equivalency is determined through a “triple identity” test, which illustrates whether the elements of the device “perform substantially the same function in substantially the same way to obtain the same result.”
These matters can be quite confusing.If you would like to explore your options in patent litigation law, contact the patent law attorneys of Williams Kherkher at 866-950-9000.
