IP: Mediation’s role in the patent arena -- In-house counsel should consider using mediation early in patent cases for maximum control and effectiveness


Originally published in InsideCounsel on March 5, 2013.

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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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