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You can’t come to a gunfight without a gun

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Archived series ("Inactive feed" status)

When? This feed was archived on July 04, 2019 01:17 (4+ y ago). Last successful fetch was on May 31, 2019 14:20 (5y ago)

Why? Inactive feed status. Our servers were unable to retrieve a valid podcast feed for a sustained period.

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Manage episode 192394761 series 1161063
Content provided by Jurgen Vollrath. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jurgen Vollrath or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

When it comes to startups and entrepreneurs with little funding - I’ve spoken in the past about the value of patents and how effective – or rather how ineffective - they really are if you cannot afford to go to court.

I proposed a methodology that avoids your going down this path in the first place, but sometimes, try as you might to keep your nose clean, you get screwed.

So you need to hammer out a settlement...

The first thing to recognize is that you’re not negotiating in vacuo where you’re pitting your claim of loss against what the other side would like to pay in damages. You are weighing that number against a third element: what a court or a jury would likely find – both as regards guilt and as regards damages. Will you succeed in your infringement or product defect claim, and what is a jury likely to award? And then ask yourself, what will it cost you and the other side in money, resources, and time, to go to court?

After that it’s a matter of finding an attorney that will take your case on terms that you can afford.

  continue reading

100 episodes

Artwork
iconShare
 

Archived series ("Inactive feed" status)

When? This feed was archived on July 04, 2019 01:17 (4+ y ago). Last successful fetch was on May 31, 2019 14:20 (5y ago)

Why? Inactive feed status. Our servers were unable to retrieve a valid podcast feed for a sustained period.

What now? You might be able to find a more up-to-date version using the search function. This series will no longer be checked for updates. If you believe this to be in error, please check if the publisher's feed link below is valid and contact support to request the feed be restored or if you have any other concerns about this.

Manage episode 192394761 series 1161063
Content provided by Jurgen Vollrath. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Jurgen Vollrath or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

When it comes to startups and entrepreneurs with little funding - I’ve spoken in the past about the value of patents and how effective – or rather how ineffective - they really are if you cannot afford to go to court.

I proposed a methodology that avoids your going down this path in the first place, but sometimes, try as you might to keep your nose clean, you get screwed.

So you need to hammer out a settlement...

The first thing to recognize is that you’re not negotiating in vacuo where you’re pitting your claim of loss against what the other side would like to pay in damages. You are weighing that number against a third element: what a court or a jury would likely find – both as regards guilt and as regards damages. Will you succeed in your infringement or product defect claim, and what is a jury likely to award? And then ask yourself, what will it cost you and the other side in money, resources, and time, to go to court?

After that it’s a matter of finding an attorney that will take your case on terms that you can afford.

  continue reading

100 episodes

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