Category Archives: IP Mediation

From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

I was honored to have a chance to work with Magistrate Judge Jeff Keyes on a recent article published in Just Resolutions eNews presented by the Intellectual Property Law Committee of the ABA.  Here is the intro to the article, with a link to the rest.  I hope find it of interest: Preparing for Mediation … Continue reading From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

Mediating the IP Dispute Part VI: Memorializing the outcome

In the first five articles of this series, we explored the initial phases of the Intellectual Property mediation session through the time when the parties appear to have reached a settlement.  In this final article, we will explore the importance of documenting the settlement as fully as you can right at the mediation  In fact, … Continue reading Mediating the IP Dispute Part VI: Memorializing the outcome

Mediating the IP Dispute Part V: The Session Continues

In the first four articles in this series we explored the importance of timing the mediation in intellectual property disputes, mediator selection, preparation for the mediation session, and the beginning phases of the mediation session itself.     We will now begin to address issues that may arise later in the mediation session.  As the session … Continue reading Mediating the IP Dispute Part V: The Session Continues

Mediating the IP Dispute Part IV: The Mediation Session

In the first three articles in this series we explored the importance of timing the mediation in intellectual property disputes, mediator selection, and preparation for the mediation session.  Timing can be critical to a successful mediation.  It involves balancing the need to have enough information for the parties to intelligently discuss resolution with the cost … Continue reading Mediating the IP Dispute Part IV: The Mediation Session

Mediating the IP Dispute Part III: Preparing for the mediation session

In the first two articles in this series we explored the importance of timing the mediation in an intellectual property dispute and mediator selection.   Mediating too soon can mean there is too little information to allow an informed settlement decision.  Mediating too late can mean unnecessary expense and entrenched positions.  We further explored how the … Continue reading Mediating the IP Dispute Part III: Preparing for the mediation session

Mediating the IP Case Part II: Selecting the right mediator

In Part I of this series of articles, we explored the importance of timing the mediation in an intellectual property dispute.   Mediating too soon can mean there is too little information to allow an informed settlement decision.  Mediating too late can mean unnecessary expense and entrenched positions.  We further explored how the nature and stage … Continue reading Mediating the IP Case Part II: Selecting the right mediator

Mediating the IP Case Part I: Timing

Intellectual property lawyers know three things for sure.  First, an intellectual property case, once filed in court, will almost certainly be taken though a settlement procedure at least once, either in the form of mediation or a judicial settlement conference.  Second, an IP case has a 90% or greater chance of settling rather than going … Continue reading Mediating the IP Case Part I: Timing