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Manny Pokotilow of Caesar Rivise and ADR Options. Manny Pokotilow of Caesar Rivise and ADR Options.

What a substantially long career in intellectual property (IP) has shown me about IP controversies is that when you get into court with any IP controversy, it becomes very expensive for the client. The 2019 AIPLA Report of the Economic Survey shows that the range of costs for a patent infringement suit with $10 million to $25 million at risk, cost in a range of $2 to $9 million with a median cost of approximately $4 million. However, mediation cost less than $100,000 per case on average. For trademark, copyright and trade secret litigation with the same amount of money at risk, the range of litigation costs are not substantially lower. When IP litigation starts, the costs go up almost immediately upon the service of discovery. That is also when the grief begins for your clients. That is why I recommended to all of my clients that we try to settle matters as soon as possible. Not only is the cost of litigation reduced, speed and ease of resolution are enhanced. These are very important factors why mediation should be your preferred method of dispute resolution. This article explores the factors that make mediation, and sometimes mediation in combination with arbitration, a good alternative to IP litigation and shows you how to get to the end of your client’s dispute.

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