Overview of Intellectual Property Litigation
In the United States, there are many forums in which to resolve intellectual property disputes, including:
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US Patent & Trademark Office
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Arbitration
Each forum has certain advantages and disadvantages. Federal district court litigation is complex and often very expensive, but offers certainty of procedural safeguards and remedies of injunctions and monetary awards. Administrative proceedings for Intellectual Property Enforcement Actions at the International Trade Commission (ITC) are fast and usually have lower costs as compared to court litigation, but ITC enforcement remedies are limited to injunctions and exclusion orders. The PTO offers a low cost means of resolving some intellectual property disputes, however, PTO proceedings can be slow and can result in further litigation. Binding arbitration can be relatively fast and inexpensive, however, procedural safeguards are limited and the losing party may have limited appeal rights from an arbitrator's decision. Thus, the ideal choice for resolving a dispute over intellectual property depends on the facts and circumstances of each case.or
For more information about our litigation practice, please contact Steve War, IP Litigation Practice Chair:
Steven M. War
(202) 536-5877
steve@miplaw.com
