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Archived updates for Tuesday, January 17, 2006

New CPR Monograph on Patent Mediation

The International Institute for Conflict Prevention & Resolution recently sent me a copy of their
latest on "Patent Mediation, Better Solutions for Business." This 38-page monograph ($50 for non-members) is intended primarily for in-house counsel and corporate decision makers who want to make the best of a possible patent mediation.

The core of this monograph is Section III which lays out a five step roadmap for conducting effective patent mediations. For example, Step One: Getting to Mediation, discusses in some detail factors that should be considered when assessing whether a patent dispute is ripe for mediation including: risk of loss, issues of validity and enforceability, "bet-the-company" cases, the need for confidentiality and the need for precedent, the impacts of the discovery process and Markman rulings on the timing of mediation, choice of forum and many other factors. The remaining four sections of the monograph provide useful information on selecting a mediator, pre-mediation planning, the mediation sessions, and settlement or adjournment.

Although a bit pricey, the information is presented in well-written text that is supplemented with tables, flowcharts and checklists. And for those pesky international patent disputes, check out CPRs other monograph on Commercial Mediation in Europe.
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