Litigation, or even the threat of it, can be catastrophic for a business, resulting in lost revenue, missed opportunities, and business stagnation.

• When faced with a claim of infringement or if someone is violating your intellectual property rights, what’s the best approach?
• Is there merit to the claim?
• Should you fight or acquiesce to any demands?
• What alternatives exist for settling the dispute without going to court?

Even taking the simplest of patent cases to jury, whether defending against claims or asserting rights, can cost millions of dollars in out-of-pocket costs for attorney time, court fees, and expert witness fees.

Pre-litigation counseling is an important first step with any dispute. It can save precious time, money, and public scrutiny. Ludwig APC works with clients to assess the case so that all parties come to a full understanding of the merits of litigating or seeking an alternative route.

In this formal process, we . . .   

• Collect pertinent information, including documents and testimony
• Reach out to the other party or parties, seeking information
• Investigate the “what” and “why” of the case
• Assess the overall merits of the case and provide expert guidance on next steps.

Every case is unique, so recommended steps and alternatives can vary greatly. Generally, based on findings, Ludwig APC will recommend one or more of the following actions take place:

• Request additional information or further investigation, often from expert witnesses, investigators, and others central to the case
• Make a formal demand, often in the form of a letter, for the other party drop the case
• Push for settlement of the dispute out of court
• Reject an already-made offer or seek to renegotiate it
• Make a counteroffer
• Request a formal, third-party mediation process to settle the dispute and/or negotiate a settlement
• Pursue litigation, with the goal of winning.

Ludwig APC provides unmatched access to leading and trusted authorities with track records of success dealing with all aspects of business, technology, cybersecurity, and intellectual property law. Ludwig APC’s expertise puts us in a unique position to leverage our experience as mentors, guides, and trusted partners to our clients.