DISPUTES AND LITIGATION ON INTELLECTUAL PROPERTY AND CONTRACTS ✅ BUSINESS ✅ SERVICES

Stage 1. Initial Stage and Consultation

Lawyer's Actions:

Analysis of documents and case circumstances

Assessment of legal grounds for a claim or defense

Research of case law and legislation

Consultation with the client regarding strategy

Evaluation of case prospects and potential risks

Calculation of potential damages

Search and preservation of evidence

Pre-trial settlement negotiations (if appropriate)

Stage 2. Preparing and Filing a Claim/Response

Lawyer's Actions:

Drafting a statement of claim (complaint) or response to the claim (answer)
Filing documents with the court
Payment of court fees
Serving documents to the opposing party
Filing motions for preliminary injunctions
Responding to procedural objections (motions to dismiss)

Stage 3. Evidence Gathering Stage

Lawyer's Actions:

Drafting and sending written interrogatories

Requesting documents (document requests)

Conducting depositions of witnesses and experts

Analyzing received documents and information

Working with IT forensics (for electronic evidence)

Engaging technical experts

Protecting confidential information (protective orders)

Filing motions to compel evidence disclosure

Stage 4. Preparation for Court Proceedings

Lawyer's Actions:

Preparing witnesses for testimony

Drafting expert opinions

Preparing the evidentiary base

Developing defense/prosecution strategy

Preparing visual materials and presentations

Filing motions to exclude evidence (motions in limine)

Compiling a list of evidence and witnesses

Preparing jury instructions

Stage 5. Trial

Lawyer's Actions:

Opening statement
Examination of witnesses and experts
Cross-examination
Presentation of evidence
Objections to opposing party's evidence
Closing argument
Preparation of jury instructions
Representation during verdict deliberation

Stage 6. Post-Trial Procedures

Lawyer's Actions:

Filing post-trial motions
Enforcement of court judgment
Collection of awarded funds
Preparation for potential appeal
Settlement of court costs issues
Monitoring injunction compliance

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Disputes and litigation on intellectual property and contracts

Specifics of Intellectual Property Disputes

The U.S. legal system offers comprehensive mechanisms for the protection of intellectual rights, but litigation in this area is complex and costly. Key aspects include:

Proof complexity – the need to demonstrate originality, novelty, and infringement of exclusive rights;
High cost of expert evaluations – involvement of technical specialists to analyze patents or source code;
Territorial limitation of protection – legal remedies are limited to the jurisdiction of the U.S.

Main Types of IP Disputes

Patent Infringement

Unauthorized use of inventions
Challenging patent validity
Patent troll cases

Copyright Conflicts

Unauthorized software copying
Violations in the digital environment
Fair use disputes

Trademarks and Brands

Trademark registration challenges
Brand infringement cases
Domain name disputes

Trade Secrets and Know-How

Misappropriation of confidential information
Violation of NDA terms
Industrial espionage

Contract Disputes in High-Tech Sector

License Agreement Violations

Exceeding license scope
Non-payment of royalties
Violation of territorial restrictions

Software Development Agreement Disputes

Failure to meet specifications
Delays in performance
Quality and functionality issues

Venture Agreement Conflicts

Disputes over investment terms
Conflicts over company valuation
Disputes between founders and investors

Procedural Aspects of Litigation

Choice of jurisdiction – federal vs state courts
Case timelines – from months to several years
Pre-trial discovery – mandatory exchange of documents
Alternative dispute resolution – mediation, arbitration

International Dimension of Disputes

Cases involving foreign companies must account for:

Jurisdiction and applicable law
Hague Convention on service of process
Recognition and enforcement of judgments

Effective protection of interests in IP and contract disputes requires deep knowledge of U.S. material and procedural law, as well as awareness of judicial practice across jurisdictions.