Manny W. Schecter, chief patent counsel at International Business Machines Corp., and Kathleen A. Bryan, CEO and president of CPR-International Institute for Conflict Prevention and Resolution, write: When faced with an infringement case, lawyers usually refuse to even consider mediation until a court requires it or considerable litigation expense has been incurred. We suggest that early resolution should be analyzed in all patent infringement cases. Many more would be resolved earlier, more effectively, and most significantly, at much lower cost.
June 09, 2011 at 12:00 AM
1 minute read
Mediation seems to be a great idea to resolve patent disputes…for others.
Many attorneys SAY mediation can be a useful tool in resolving patent disputes. Yet, when faced with an infringement case, not a dispute over patent terms in a contract (such as the extent of a license), lawyers usually refuse to even consider mediation until a court requires it or considerable litigation expense has been incurred. Why is there a default to litigation?
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