Key Elements of Settlement Negotiation
Posted: Wed Jan 22, 2025 10:20 am
When Both Parties Seek a Quick Resolution: Companies may prefer to settle quickly to avoid drawn-out court battles that could damage their reputation or delay the entry of new products into the market. 3.3 Examples of Settlement Approaches Licensing Agreement: The alleged infringer agrees to pay royalties or a one-time fee in exchange for the right to use the patented technology. Cross-licensing: Both parties may agree to a cross-licensing arrangement, where they grant each other licenses to use their central african republic b2b leads respective patented technologies. Monetary Payment: The accused party pays a lump sum or structured payment in exchange for resolving the dispute and avoiding further litigation.
Before entering into settlement negotiations, both parties must consider several key factors to ensure they achieve the most favorable outcome. 4.1 Evaluating Patent Strength Patent Validity: Is the patent likely to stand up to scrutiny? Consider performing a validity check, which involves searching for prior art that could invalidate the patent. Scope of Claims: Are the patent claims broad or narrow? Broader claims may increase the risk of infringement, while narrow claims may give the defendant an opportunity to dispute them. Infringement Analysis: Assess how closely the accused product or process aligns with the patent claims.
Before entering into settlement negotiations, both parties must consider several key factors to ensure they achieve the most favorable outcome. 4.1 Evaluating Patent Strength Patent Validity: Is the patent likely to stand up to scrutiny? Consider performing a validity check, which involves searching for prior art that could invalidate the patent. Scope of Claims: Are the patent claims broad or narrow? Broader claims may increase the risk of infringement, while narrow claims may give the defendant an opportunity to dispute them. Infringement Analysis: Assess how closely the accused product or process aligns with the patent claims.