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When negotiating in good faith doesn’t work, you need skilled litigators

On Behalf of | Apr 7, 2015 | Business Litigation

Most business owners, when they realize they have a dispute with another company, don’t immediately say to themselves, “We need to take this to court; we need to litigate.” For one thing, litigation can be a costly and time-consuming distraction from running a business. In many cases, with the right proactive legal planning, business owners can avoid the expense of going to court.

However, if you and the other party are unable to negotiate an out-of-court solution, perhaps through mediation or arbitration, then you need experienced trial lawyers on your side. An aggressive, results-oriented litigation department can prepare your case for trial and give you the negotiating leverage you need to reach a favorable settlement.

California business owners may be interested in a recent patent infringement lawsuit that was filed by IBM against Priceline, reportedly after three years of the tech giant’s efforts to reach an out-of-court resolution. According to the complaint, “Priceline has built its business model on the use of IBM patents.”

IBM claims that it repeatedly visited Priceline facilities to negotiate a patent license, but Priceline has resorted to “delay and non-responsive answers” and continues to exploit IBM’s intellectual property.

The general manager of intellectual property for IBM said the firm tried to negotiate in good faith but now has “no option but to protect and vigorously defend” its intellectual property rights.

A news article has more on how IBM proposes to resolve the dispute.

The business law attorneys of Shulman, Hodges & Bastian are experienced in handling many types of patent infringement lawsuits. To learn more, please visit our intellectual property overview.