Patent Law

Estimating the Settlement Value of Your IP Case

By Les Weinstein, Michael Young, John Leo Wagner, Eric van Ginkel, and Victoria Pynchon

Thanks to Robert Holland at Sidley Austin Los Angeles for giving us a few more issues to consider when estimating the settlement value of any case.

THE PRACTICAL IMPACT OF CALIFORNIA’S EQUITY-FIRST RULE ON SETTLEMENT VALUE AND CHOICE OF LITIGATION FORUM by Robert Holland Sidley Austin, LLP with thanks to JD Supra here and in my twitter network @Legal_Alerts

The California Court of Appeal’s recent decision in Hoopes v. Dolan, Case No. A117892 (1st Dist., 4th Div., November 12, 2008), is a reminder that, in a civil action involving a combination of legal claims that are triable by a jury and equitable claims that are triable only by a judge, litigants and their counsel should carefully consider the order in which California state and federal rules require those claims to be tried. Especially where the legal and equitable claims turn on the same facts, those rules are likely to have a uniquely significant impact on: (1) any estimate of the settlement value of the case; and (2) whether state or federal court is the more attractive forum.

Continue reading here.

Full post as published by IP ADR Blog on December 05, 2008 (boomark / email).