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RFC Express - New IP Lawsuits

Value and Trust: Trial Preparation from Day One

By Allen Hinderaker of Merchant & Gould

Allen W. Hinderaker is with Merchant & Gould in Minneapolis. He can be reached at 612- 332-5300 or via email:

“When people honor each other, there is a trust established that leads to synergy, interdependence, and deep respect.  Both parties make decisions and choices based on what is right, what is best, what is valued most highly.” – Blaine Lee

It is fundamental that commercial litigation, including intellectual property and technology litigation, arises because there is a dispute between competing business interests.  The purpose of the trial lawyer is to advance the business interests of one side of that dispute over the other.  That purpose is best served when the company chooses to prepare for trial – to affirmatively prove its case – from day one.

Preparing for trial from day one is different from managing the process of litigation.  Without a doubt, the process of litigation must be managed.  But, process management alone will not achieve justice or avoid an injustice.  Nor, will process management alone achieve the best, fair settlement of the dispute.  The business interests of the company are best met, and the dispute is most fairly resolved, when the most persuasive case to present at trial is the end g...

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