As children, spats among siblings were referred to the highest authority, Mom. The power of Mom as a negotiating tool was not lost on me or my siblings. Going to Mom was a negotiating strategy that we honed to a fine skill. In the right environment, it evoked sheer panic and sought compromise. The threat of litigation can have similar effects.
Litigation brings cost pressure to bear.
Discovery converts suspicions into knowledge, and emotions have time to wane during the long and tedious litigation process. Litigation can thus be a useful, but expensive, tool to achieve settlement, and if necessary, resolve a dispute. But this may only be effective if both parties can afford to go to the mat. It is not surprising that less pecunious patent owners are upset after spending tens if not hundreds of thousands of dollars, often their life savings, before reaching the initial stages of litigation. A patent court in which the judges have not only familiarity with the law but also with technology has often been suggested.