Experienced Intellectual Property Mediators: Increasingly Attractive in Times of 'Patent' Unpredictability

Abstract

This short paper suggests that mediation with an expert well versed in patent law offers a robust alternative to patent litigation at the trial level. The paper briefly discusses how the use of jurors and district court judges in patent law disputes needlessly promotes uncertainty, exaggerates already exorbitant trial costs, and leaves disputants with solutions that do not fit their needs. The paper then shows that these problems can be alleviated through increased use of intellectual property (IP) mediators as these mediators are uniquely qualified to: (1) help disputing parties gain a realistic appreciation of how the unpredictability of the court system affects their cases; (2) bypass the steep learning curve that afflicts jurors and district court judges that are unfamiliar with patent law; and (3) understand and creatively address the interests peculiar to patent disputants. Beyond these practical benefits, the paper further discusses the societal benefits of mediation with experts in patent law.