Patent Disputes

A mediator that truly understands how patents are drafted, construed, and litigated can add value to the mediation process, by not only accurately conveying your position to the other side, but also to act as a sounding board, if desired.  

It is no secret that patent disputes are often complicated.  Proper analysis of the facts and the law is needed to see the often murky line that lies between infringement and non-infringement, or validity and invalidity, or sole inventorship and co-inventorship.   

Because the stakes are often high, not only in terms of potential awards but also injunctions, it is important that the parties explore all avenues for resolution.   When claims, or defenses, involve disputes over inventorship, the stakes go up even further, as the patent owner can paradoxically turn out to be the infringer. 

Moreover, cases often settle on terms that preserve the patent validity and include the grant a license to an accused infringer/competitor, thereby ensuring that there are no other entrants into the market. 

As a result, it makes sense to mediate your patent dispute early, before a lot of information and evidence is put into the publicly-available court file that could undermine the future enforcement of the patent.

As a registered patent attorney for over 20 years that has also litigated patent disputes, Jim has the knowledge and experience to help your clients get their message to the other side (and convey their message to you) on the myriad of positions that are central to the resolution of the dispute dispute, as well as offering solutions that parties entrenched in the fight might not see.

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