How mediation of patent disputes differs from litigation

Mediation is a well-accepted means of dispute resolution and an alternative to litigation

Patent litigation can be extremely expensive and time consuming. A patent infringement case of even moderate complexity can cost millions of dollars. At the same time, a protracted litigation can damage a company’s business development strategies while important intellectual property rights are expiring.

The outcome of patent litigation is always uncertain. This uncertainty is in part due to the nature of the decision makers. Federal judges do not generally have particular expertise in patents or the technologies covered by patents. Patent cases are triable to a jury. Juries are lay people called upon to decide a complex matter. These factors add to the uncertainty of the outcome of patent litigation.

Contributing Author

author image

Craig Metcalf

Craig Metcalf is a Shareholder with Kirton McConkie. His practice emphasizes intellectual property and appeals as well as mediation and arbitration. He can be reached...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.