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Dispute Resolution can be a very costly
undertaking, and as such should be looked to as a strategic
tool. It is difficult to predict what sort of cost might be
involved for the process as a whole; however, the time that
it takes to prepare the case and go to court will greatly
affect the costs involved. Additionally, there are no guarantees
in litigation, and the outcome can at times be difficult to
predict.
Litigation can be used proactively and reactively
(shield vs. sword) and in each case there are many strategic
routes that can be taken. Some disputes are unavoidable so
litigation should be contemplated as part of an overall strategy
with respect to the business of protecting your intellectual
assets. Each situation is fact specific so a cost-benefit
analysis needs to take place prior to litigating; particularly
given that some matters can stretch out over a number of years.
The actual time spent in court is like the tip of the iceberg
- most of the money spent is on preparing to go to court.
The outcome can be predicted in certain
cases. The outcome is largely dependant on the facts / law.
Where uncertainty arises, is when some of the facts / law
are for you, and others are against. In those “grey area”
cases it is difficult to predict the outcome and it often
comes down to the art of advocacy and how well the judge understands
your case.
With respect to the costs associated with
litigating, interim injunctions can cost anywhere from $25,000
to $45,000 or more depending upon the specifics of the case,
the complexity/volume of the evidence, whether or not the
affiants are to be cross-examined, and where those crosses
are to be held. For a straight forward case where the parties
are evenly matched resource-wise, seeing a case through the
judicial process to judgment, including various motions, discoveries,
cross examinations and so forth, costs anywhere from $100,000
to $250,000 and more depending upon the complexity of the
case.
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