Trial is not necessarily the defined and inevitable end point for an IP claim; in fact, only a small minority of claims ever reach trial. The courts actively encourage parties to attempt to resolve disputes using Alternative Dispute Resolution (ADR). Forms of ADR you may be familiar with include without prejudice negotiations, arbitration, expert determination, and mediation.
Parties in IP disputes are encouraged to approach ADR as an effective way of seeking to avoid potentially costly and uncertain litigation at an early stage. Specialist IP legal counsel can assist in presenting the strongest case possible when approaching ADR, to ensure a better chance of its success.