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Ask the Expert: How are US courts performing in IP theft suits?

A reader wonders what kind of a track record the US court system has in general when it comes to IP theft suits. Our expert weighs in.

-- Electronic Business, 6/26/2007

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Question: How are our courts performing in IP theft suits?

Expert response from Steven Sereboff, partner, SoCAL IP Law Group:

Many companies have faced IP theft problems. In high-tech industries, corporate IP has tremendous value and often defines the competitive advantage. Sometimes a company believes that its IP has been stolen or, conversely, feels wrongly accused of stealing IP from a competitor. Add to this the high cost of litigation and the uncertain outcomes of decisions by low-tech judges or juries.

To manage these situations, smart companies have policies and procedures for controlling their corporate IP risks. They take steps to protect their IP and to avoid infringing other companies' rights. More important, with realistic views of the direct and indirect costs and potential outcome of litigation, companies can make reasoned business decisions. For example, a typical patent suit costs about $1.5 million to litigate and complex high-tech cases can cost more than $5 million. That's a big line-item expense for any company, but with a high market value at stake, this kind of litigation can make sense.

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