What types of copyright disputes are appropriate for mediation?
Copyright mediation is ideal for disputes involving ownership, infringement, licensing breakdowns, authorship disagreements, derivative works, creative collaborations, and digital content (images, video, audio, software, and online content). Mediation helps resolve disputes quickly and privately without escalating to litigation.
Do I need a lawyer for mediation?
While not required, most parties choose to have counsel present due to the legal and commercial complexity of trademark disputes. Your attorney can help evaluate settlement terms and protect your business interests. We do not provide legal advice to mediation participants.
Can mediation include licensing or coexistence agreements?
Yes. Mediation may result in licensing arrangements, coexistence agreements, marketing adjustments, rebranding timelines, or territorial limitations—solutions that litigation cannot provide.
Is trademark mediation confidential?
Yes. Everything discussed in mediation remains confidential unless the parties agree otherwise. This protects brand reputation, customer perception, and competitive strategy.
Does mediation determine “who is right”?
No. Mediation focuses on reaching a commercially viable solution, not declaring a winner. The goal is to resolve conflict in a way that protects brand value and reduces ongoing risk.
How long does a typical trademark mediation session take?
Many disputes can be resolved within a single full-day session, though highly complex or multi-jurisdictional matters may require additional sessions. Mediation provides flexibility to match the complexity of the issues.
Why is mediation preferred over litigation for trademark disputes?
Trademark litigation is expensive, slow, and highly disruptive to brand strategy. Mediation reduces cost, preserves confidential business information, and allows for creative solutions—like coexistence agreements or phased rebranding—that courts typically cannot order.
What types of disputes are best suited for mediation?
Ideal cases include infringement disputes, likelihood-of-confusion disagreements, unfair competition claims, rebranding conflicts, packaging/logo similarity issues, and coexistence or licensing negotiations. Mediation also works well when businesses wish to avoid public conflict.
What is trademark mediation?
Trademark mediation is a confidential dispute-resolution process where a neutral mediator helps parties resolve trademark, branding, and unfair competition disputes. Unlike litigation, mediation emphasizes business goals, consumer perception, and brand strategy to reach a practical solution.
What qualifications should a mediator have for NPE cases?
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.
Can mediation reduce litigation costs in NPE disputes?
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.
Does mediation replace PTAB challenges or federal litigation?
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.
Are NPE mediation outcomes confidential?
Yes. Mediation is private, and the terms of any settlement can remain confidential—an advantage unavailable in most court filings or PTAB proceedings.
What if the parties disagree about the strength of the patent or alleged infringement?
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.
What types of resolutions are available through mediation?
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.
When is the best time to mediate an NPE case?
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.
How can mediation help in an NPE patent dispute?
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.
What is an NPE (Non-Practicing Entity)?
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.
How do I schedule a patent mediation session?
You may request a confidential consultation or submit a case for mediation through the contact form or scheduling link provided on the site. Sessions are available virtually or in person.
What are the main advantages of patent mediation services?
Key benefits include lower cost, faster resolution, confidentiality, greater control over outcomes, business-oriented solutions, reduced litigation risk, and the ability to preserve ongoing commercial relationships.