NPE disputes require a mediator with deep patent litigation experience, technical understanding, and the ability to evaluate licensing practices and damages models. A general commercial mediator typically may lack the specialized background needed for productive negotiation.

Absolutely. NPE litigation is notoriously expensive. Mediation often resolves disputes before costly discovery, expert analysis, and trial preparation begin—saving both sides time and significant financial resources.

No. Mediation can run in parallel with PTAB proceedings or litigation. In many cases, mediation helps narrow issues before trial or clarify whether administrative review is warranted.

Yes. Mediation is private, and the terms of any settlement can remain confidential—an advantage unavailable in most court filings or PTAB proceedings.

A skilled mediator helps both sides evaluate claim interpretation, prior art relevance, and the likelihood of surviving summary judgment or trial. Mediation allows open discussion of technical and legal strengths without formal discovery battles.

Solutions may include single-patent licenses, portfolio-wide licenses, covenants not to sue, royalty structures, one-time payments, or tailored agreements tied to product release schedules. Mediation encourages business-driven creativity that courts cannot provide.

Early mediation is often the most cost-effective—especially after receiving a demand letter or claim chart. However, mediation is also effective later in litigation, including after Markman rulings or PTAB institution decisions that influence valuation.

Mediation provides a confidential setting to evaluate risk, compare licensing expectations, understand technical issues, and explore settlement structures without the cost and uncertainty of litigation. It helps both parties identify realistic outcomes based on business priorities, not just legal theories.

An NPE is a patent owner that does not manufacture products or practice the claimed inventions. Instead, NPEs assert or license patents for revenue. This structure often results in litigation strategies that differ from traditional competitor disputes.

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