Litigation: Managing asymmetrical lawsuits

When David is stronger than Goliath, and how your company can regain the advantage

This article is the first in a series that will address issues raised by managing these David versus Goliath situations, which we refer to more formally as asymmetrical litigations, and the strategies for how to handle them effectively and efficiently.

 

The court further recognized the potential abuse of the judicial system where such litigation strategies involve plaintiffs filing weak or even frivolous lawsuits with the expectation that they will still receive a payoff from a defendant looking to avoid litigation costs, despite the availability of strong defenses:

Contributing Author

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Mark Baghdassarian

Mark Baghdassarian is a partner with Kramer Levin Naftalis & Frankel LLP’s Intellectual Property Group. His practice involves complex patent infringement actions involving satellite radio...

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Contributing Author

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Aaron Frankel

Aaron Frankel is an associate with Kramer Levin Naftalis & Frankel's Intellectual Property Group. His practice includes intellectual property litigation, transactional matters and patent prosecution....

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