Many companies think — either out of habit or out of business convention — that if their intellectual property rights are infringed, it’s best to sue. And with the consistently increasing volume of intellectual property litigation, it could be tempting to blindly follow the crowd.
As seasoned litigators who know what’s at stake for companies on either side of a dispute, we’re proponents of carefully evaluating on a case-by-case basis the potential risks and rewards of entering into litigation. And although we have a zest for litigation — and the track record of success to prove it — Marger Johnson attorneys pride themselves on keeping their clients out of court as much as possible.
Why? Due to the complexity of IP cases, studies show it’s one of the most expensive forms of litigation to undertake. What’s more, it can be a tremendous drain on company executives and inventors, whose time could be better spent innovating.
From our perspective, alternative dispute resolution (ADR) — including mediation and arbitration — is often a better solution. We should know. Our team includes a member of neutral panels for the CPR Institute for Dispute Resolution, American Arbitration Association, National Arbitration Forum, and Arbitration Service of Portland.
ADR is generally much less expensive, less time-consuming and mutually agreeable to both parties. And it’s always confidential unless all parties agree otherwise. Our clients say that entering into mediation and/or arbitration often brought more creative, peaceful and beneficial solutions than they ever could have experienced through litigation.