Intellectual Property Mediation

Mastering mediation strategies for successful IP settlements

Successful mediation in intellectual property cases requires IP practitioners to complete five critical tasks: creating a candid list of best and worst facts, sharing these with the client, anticipating tough questions from the mediator, conducting a realistic settlement value analysis, and preparing to listen, learn, and negotiate.

The field of intellectual property (IP) carries with it an aura of complexity and erudition. Though the successful litigation of IP cases requires counsel’s specialized knowledge of what many consider complicated areas of law, in the end, most IP cases resolve, like other civil cases, by settlement, many through mediation.

Any IP practitioner who hopes to achieve a successful mediation should come to the mediation only after having completed the following five critical tasks.

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