Random Ramblings about stuff I see going on in biotech, internet and the stuff I read.

Saturday, October 01, 2005

....when given the chance to engage in lawsuits


No, you don't know the outcome before it starts. That is very nice that you are "right"... it doesn't matter. No one knows what will happen in court, so you better be sure you are OK with losing when you go in. If losing ends the company, then don't go. If winning doesn't completly knock your competitor out, then don't go. Settling is always cheaper and better.

Maybe if you are the underdog you do it to get noticed, but there must be some form of settlement that gets you where you want to get. Go for that. Use it all as a tactic, but court itself (IN MY OPINION) is not where you actually want to end up.

I have now watched a lot of decisions come out of courts, and it doesnt' seem like any of the companies involved actually got too much of what they wanted. Obviously there are exceptions, but I don't think most people even covered the costs of going.

Youve got to budget, essentially, $10M for a good case with a decent amount of discovery and depositions. More for international. Even more for a really complicated thing. Lots of expert witnesses, add for that. Once it goes to appeal, you have to add on a bit. Hope to win on appeal and then have the supreme court not hear it. I don't know the cost for ending up there, but I don't think that is cheap. Just a guess though, as I've never watched that happen.

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