IP: Mediation’s role in the patent arena

In-house counsel should consider using mediation early in patent cases for maximum control and effectiveness

The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of the dispute to meet the true interests of the parties. The array of possible solutions is far broader than the remedies available through a court in litigation.

These concepts apply with equal force to IP disputes. The America Invents Act (AIA) promises fundamental changes in the patent arena. Some of those changes will make mediation matter even more in resolving patent disputes. 

Contributing Author

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James McGuire

James E. McGuire, Esq., a dispute resolution professional since 1989, has extensive experience in all aspects of ADR including mediation and arbitration, as well as...

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