Whenever there is a case of patent infringement, you may either win or lose the lawsuit in the court of law. There are very less chances that the patent suits actually go for the trials in the courts of law.
You have the chances of winning the case after the trial if the jury decides in your favor that the patent was valid and enforceable. You stand to win the case if the defendant has actually infringed the patent. In such a case, the jury decides the damages to be awarded to you by the defendant party. After the verdict is passed, the defendant may choose to file an appeal thereby leading to a delay in the payment of your damages. On the other hand, if the jury concludes that the patent was not valid or there was no infringement, you may lose the case in the court of law. In this case, you may also opt to file an appeal against the court verdict and demand for the damages. If you choose to file an appeal, your attorney must first prove that there was an error in the process and that it affected the judgment in a negative manner.
There is also a probability of case getting dismissed just at the beginning of the trail. The attorney of the defendant may be successful in convincing the jury that there was no infringement and there is no case. If you are yourself funding the proceedings of the case in the court of law and you run out money, you may even choose to abandon the case.
The most common outcome of all the civil litigations is the out-of-court settlement by the two parties. This is done to avoid the risk of losing big amounts as damages and to prevent the case being a matter of public discussion. Another option to avoid the court proceedings is the binding arbitration wherein a third party is hired to decide the case.
