Voip Pal Com Inc (VPLM)

[Stef07]

Judges can manage this by controlling motion practice in a way that makes the issues clear. In most cases, that just means the court takes the time to understand the case, follows the law, and makes fair decisions. But this takes a judge experienced in the complexity of patent litigation.

Judge Albright, a former patent litigator, is a master at bringing the parties to settlement by balancing the motion practice of both parties. Judge Albright’s balancing act brings the parties to a better understanding of their respective risks and that understanding often drives the parties to settlement.

This is the real reason that plaintiffs prefer Albright’s courtroom.

Driving Litigation

Unfortunately, a patent court that drives settlements is not preferred by infringers. It is far better for infringers if the court panders to excessive motion practice and leaves lots of holes for appeal. This confuses risks and drives up the costs for both parties. Large infringers are generally better able to absorb costs than small patent holders, so increasing costs and delaying resolution puts them at an advantage.