What are the first steps typically taken when a dispute arises, prior to litigation?
Initially, when a party believes it has been harmed and seeks legal assistance, the attorney will conduct a preliminary evaluation of the matter. In the context of Intellectual Property, the party may feel that its rights have been infringed. The attorney representing this party will typically send a “demand” letter or “cease and desist” letter to the alleged infringer informing them of the believed infringement, and requesting a response. The alleged infringer may seek legal representation, and its counsel will evaluate the matter and respond to the demand letter. This evaluation may require an analysis of the file history of a patent, a registered mark, or other relevant material. At times, a settlement can be negotiated without any further proceedings. However, if the parties cannot reach agreement at this stage, the harmed party may choose to file a lawsuit if believed appropriate. back to top How is a lawsuit initiated? A lawsuit is initiated when the plaintiff files a complaint w
