From ABA Just Resolutions:  Preparing for Patent Mediation

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I was honored to have a chance to work with Magistrate Judge Jeff Keyes on a recent article published in Just Resolutions eNews, presented by the Intellectual Property Law Committee of the ABA.  Here is the intro to the article, with a link to the rest, the second article in this issue.  I hope you find it of interest: Preparing for Mediation in the Patent or Technology Case   By Jeffery J. Keyes and David A. Allgeyer You can be sure of one thing:  if you have a patent or technology case pending in court, you will end up in a session to settle it. This will be before a mediator, before a judge or magistrate in a settlement conference, or both. Because over 95% of cases settle, this may well be the one chance you have to present, in some form or other, the merits of your case and advocate your client’s interest. It is tempting to forego detailed mediation preparation and, instead, focus on the positional bargaining you know will occur at the mediation session. That is not a good idea. Being prepared to mediate in the best interests of your client requires a good bit of analysis and preparation.  (Link to rest of the issue is below:)