Remember these golden paragraphs in Multi defendants patent litigation case !
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Message: Remember these golden paragraphs in Multi defendants patent litigation case !
Another complication resulting from multiple-defendant litigation is the fact that one or more defendants may settle during the course of the case. In multiple-defendant litigation, lawyers from different defendants often take the lead on certain aspects of the case. Other lawyers, and their clients, begin to rely on the other party’s expertise on a particular subject. But when those parties settle, that expertise can be lost to the group. As a result, while there is a tendency to delegate issues amongst the defendant group, it is important that each defendant have some knowledge of all the issues in the case. That way, when a defendant settles, the remaining defendants can address the issues delegated to the now-settling defendant and continue preparing for trial.
Settlements impact multiple-defendant litigations in other ways. For example, when one defendant enters into a settlement agreement, the pressure for other defendants. to settle increases. No defendant wants to be the “last man standing.” Additionally, the individual costs
of any cost sharing arrangements increase when some but not all defendants settle. As a result, as the number of defendants in the case decreases, the costs associated with the case for each of the remaining defendants increases. There is also an increase in pressure on the remaining defendants to take on more and more responsibility to prepare the case for trial.
In addition, the plaintiff may attempt to use the existence of settlement agreements to the disadvantage of the remaining defendants.
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