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.
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