Yes. Mediation is private and confidential. Statements made during mediation cannot be used later in litigation, preserving both strategic and commercial interests.

Mediation reduces risk, protects brand identity, preserves commercial opportunities, and allows parties to control both outcome and cost. It also prevents negative publicity and the unpredictability of jury-based visual comparison cases.

Experts are optional. Many mediations proceed effectively with attorney presentations and visual comparisons. However, parties may choose to use experts to discuss consumer impressions, prior art, or design distinctiveness.

Mediation allows parties to address not just the accused design, but the entire design ecosystem — related products, future concepts, packaging, or branding elements. This holistic approach often leads to more durable resolutions than issue-by-issue litigation.

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.

Absolutely. Mediation is one of the best ways to negotiate redesign timelines, scope of changes, temporary allowances, and market withdrawal strategies. These practical outcomes are often unavailable in court.

Yes. Mediation allows parties to explore the basis for similarity or distinction through structured dialogue, comparisons, and review of prior art. This often reveals gaps in understanding or alternative perspectives that litigation may not address.

Design patent infringement is evaluated under the “ordinary observer” test, which asks whether an ordinary purchaser would find the accused product substantially the same in overall appearance as the patented design. Because this test relies heavily on visual impressions, mediation provides an ideal environment to discuss consumer perception outside the rigidity of litigation.

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