The defendant will first try and get the suit discharged ( that is the perfect result for the claimed infringer ), and failing that, try and wear down the complainant and force him to desert his claim. While both sides will play difficult, assured of an auspicious jury verdict, neither side actually wants to go to trial. As a consequence, an out-of-court settlement may not be reached till some weeks or days before the trial starts, and that may be months or years into the legal process. Some out-of-court agreements are basically reached in the trial! The benefit of an out-of-court settlement is that there are no surprises, and while a jury verdict and award is a matter of official record, an out-of-court settlement is a personal agreement between the parties. Also, unlike a jury verdict and award, an out-of-court settlement cannot be appealed. It’s a last agreement.

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