The key to better IP mediation
09 August 2010
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Eileen McDermott, San Francisco
Trade secrets and patent cases are the most difficult to resolve via mediation, agreed speakers at a session on ways to better mediate IP cases
The panel met Thursday during the American Bar Association’s annual meeting in San Francisco, which drew about 7,600 attendees.
Patent cases can be particularly tricky to mediate due to the disparate timelines imposed by the courts for mediation proceedings and Markman hearings, said Claude Stern of Quinn Emanuel Urquhart & Sullivan.
In the Northern District of California (ND of CA), local rules stipulate that alternative dispute resolution (ADR) proceedings must take place within 90 days after the entry of an order referring the case to a specific ADR process. That timeframe is usually well before a claim construction hearing has been held.
This leaves open the question of whether or not the court believes the patent’s claims would hold up in litigation. “I think cases can still be resolved before the Markman, but the client always has that uncertainty,” said Stern.
Panelist Beth Parker of Arnold & Porter...
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