Why select an experienced Patent Trial Lawyer as a mediator?
A patent dispute may cost millions with the outcome decided by a judge or jury unfamiliar with this specialized area of the law. That outcome is more likely akin to a lottery than a reasoned decision on the value of the case.
Mediation is an opportunity for the parties to retain some degree of control over the litigation process and its outcome. Selection of a mediator who understands first hand the unique issues that can decide the outcome of a patent trial will benefit the parties and their lawyers.
Who is more able to provide the parties with a neutral assessment of the issues and risks?
One of the benefits of mediation is the opportunity to resolve the dispute in a way that meets more of the parties’ needs than a trial verdict. Having been personally involved in hundreds of patent cases, an experienced patent trial expert will understand the unique interests that are present in a patent case. For example, an accused infringer may have independently conceived and developed the product on his own. An acceptable settlement may need to include some kind of recognition for his efforts. For some parties, their reputation in the industry for seldom settling may be all-important. An experienced patent litigator can identify these interests and suggest creative ways to address them that have worked for his own clients in the past.
Who is more able to give the clients and their lawyers that dose of reality that is so often needed in a high-stakes patent case?
An experienced and successful patent trial lawyer can provide that assessment and insure the parties and lawyers will respect it.
Selecting an experienced patent trial lawyer as the mediator will also cut cost. While there may be little difference in the hourly rates, there may be a significant difference in overall cost of the mediation. The time for the patent expert to prepare and conduct the mediation will be shorter. The time and effort needed by the lawyers to present their legal and technical arguments will be reduced. There will be no need to waste time educating the mediator on principles of claim construction or what it takes to prove infringement, invalidity, inequitable conduct or damages.
A neutral patent expert having jury trial experience can provide a real-world understanding of the risks each party will face at trial and suggest creative approaches to settlement that meets their individual needs while reducing the time and costs.