3 Common Questions About IP Litigation in Minnesota, Answered

When you find yourself facing an intellectual property dispute, you’ll probably have several questions about what steps you can take to obtain a favorable resolution. For instance, should you try to resolve this matter on your own? What happens if the other party refuses to negotiate with you? If you take the case to court, how long will the process take? Let’s take a look at some common questions about the IP litigation process in Minneapolis so that you can prepare to navigate this process if or when the time arrives.

What is Intellectual Property Litigation?

When we talk about intellectual property law, we’re mostly talking about the law governing copyrights, trademarks, and patents. These laws — most of which are rooted in federal statutes — protect creative works like books, pictures, art, or software (in the case of copyright), or company names, logos or branding (for trademark), or inventions (patent). IP can also be understood to apply to trade secrets. IP litigation happens when somebody violates a creator’s rights — such as infringing a copyright by copying a photograph or a section of a song or book, or by violating trademark laws by using a logo that is confusingly similar to a competitor’s. Often it’s possible to resolve those situations through negotiation or mediation, but sometimes an agreement can’t be reached. That’s when you may want to seek relief in court.

How Long Does IP Litigation Take?

Litigation takes time. Once a lawsuit is filed, the parties need time to conduct discovery (when they exchange information, answer written questions from the other side and produce relevant documents and other evidence), the lawyers may file motions to either try to win the case outright or narrow the issues, and then trial is scheduled. In an IP lawsuit, trial shouldn’t be expected any sooner than a year after the suit starts. Even after the court issues its ruling, parties can appeal the decision, which extends the process. Depending on the complexity of the issue, the scope of the discovery process, and whether an appeal is filed, IP litigation can a few years to resolve.

How Do I Initiate or Respond to the IP Litigation Process?

Whether you are thinking about starting a lawsuit against someone who has infringed on your IP or you’ve been accused of being an infringer, your best bet is to enlist the guidance of a knowledgeable and experienced IP law attorney as soon as possible. If you don’t take steps to protect your rights, you may lose them; and if you don’t properly respond to a lawsuit, a default judgment could be entered against you. IP laws are often complex, and it can be difficult to navigate the intricacies of the litigation process. Your attorney will advise you on what steps to take to move toward a favorable resolution.

 

Learn more about the IP litigation process in Minneapolis and St. Paul by calling Rubric Legal LLC today at (612) 465-0074.

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