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ARTICLE · 10 MARCH 2005

Make Sure When You Win, You Will Get What You Need (IP Advisory)

competitor is infringing your intellectual property rights by marketing a knock-off of your best-selling product. To your great satisfaction, your attorney has just told you that your case for infringement is strong and that the odds are very good that you will win. However, you should take another step before you bring suit – consider what you will win. Even if you win your case, you might not get the money or the commercial advantage that you expect.

United StatesIntellectual Property

By Louis S. Sorell and Melanie R. Rupert

A competitor is infringing your intellectual property rights by marketing a knock-off of your best-selling product. To your great satisfaction, your attorney has just told you that your case for infringement is strong and that the odds are very good that you will win. However, you should take another step before you bring suit – consider what you will win. Even if you win your case, you might not get the money or the commercial advantage that you expect.

Litigating IP rights can be very expensive. According to the most recent survey conducted by the American Intellectual Property Law Association, when $1 million to $25 million was at stake, the median cost for litigation of a patent case in 2003 was $2 million. So before you commit to spending all this money, you should take a good look at the potential return on your investment.

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