Can we mediate if litigation has already started?

Yes. Many courts encourage mediation for design patent cases because they can be fact-intensive and expensive. Mediation is also effective early in litigation, before claim construction or expert analysis dramatically increases costs.

Darin M. Klemchuk

Darin M. Klemchuk is the Managing Partner and founder of Klemchuk PLLC.  He focuses his law practice on intellectual property and commercial litigation, anti-counterfeiting and IP enforcement programs, and legal strategy for growing businesses.  You can connect with Darin via email or follow up on LinkedIn.

http://www.klemchuk.com/team/darin-klemchuk/
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What happens if the product is part of a larger product line?

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Is mediation useful if a redesign may be required?