The court may schedule an initial status hearing. If no answer is filed by the defendant, a default judgment may be entered in favor of the plaintiff. This is the process by which the plaintiff and defendant learn information about the facts and claims of the opposing party. Tools used in the discovery process include document requests, interrogatories, requests for admission, and depositions. The discovery process in intellectual property litigation can be very laborious and time consuming.
Many courts have requirements for the parties to discuss settlement prior to trial.
Often settlements are reached following discovery without the need for the suit to proceed to trial. If a trial is commenced, parties will present evidence to the court using exhibits and witnesses. Expert witnesses may be called to testify in specialized matters. The finder of fact at the trial may be a judge or a jury, depending on the requests of the parties and the issues presented. The option for settlement is always available to the parties.