NPE Patent Infringement Mediation Services
A Smarter, More Efficient Way to Resolve Patent Disputes
Non-Practicing Entity (NPE) Patent Infringement Mediation Services
Non-Practicing Entity (NPE) patent disputes often escalate quickly due to the high cost of litigation, the threat of injunctions, and the business interruption caused by ongoing infringement claims. Mediation provides a confidential, structured, and cost-effective pathway to resolve NPE claims while minimizing risk, controlling cost, and preserving operational continuity.
While we provide traditional patent infringement mediation services, we also provide mediations focused on NPE cases.
What Makes NPE Disputes Unique?
NPE patent cases are fundamentally different from traditional competitor-versus-competitor patent infringement disputes. Because NPEs do not manufacture products or offer services, traditional countersuits and business leverage are unavailable. This dynamic can create pressure for quick settlements or years of expensive litigation. Mediation offers a neutral forum to evaluate claim strength, licensing expectations, and risk exposure without the adversarial posture of federal court litigation. By reframing the dispute around business priorities, mediation often reveals mutually acceptable pathways forward.
Strategic Advantages of Mediation in NPE Patent Cases
Mediation allows companies to evaluate the litigation risk and potential damages exposure associated with an NPE assertion before incurring massive legal fees. The parties can assess claim construction issues and invalidity defenses, discuss comparable licensing arrangements, and explore creative resolution structures—including portfolio-wide licenses or covenants not to sue. In some cases, mediation serves as an opportunity to clarify misunderstandings about the accused technology or prior art. The structured environment facilitates faster progress than motion-heavy federal litigation or PTAB review.
Reducing Litigation Cost, Uncertainty, and Business Disruption
NPE litigation can quickly become expensive and disruptive, especially for growing companies or product teams managing tight release schedules. Mediation provides a practical alternative by reducing the scope of the dispute, narrowing issues, and encouraging business-driven solutions. Instead of spending months or years in discovery, the parties can focus on exploring realistic settlement frameworks that address damages, licensing terms, and future risk. This approach supports operational continuity while protecting innovation.
When to Consider NPE Mediation
NPE mediation is appropriate at nearly every stage of the dispute—after receiving a demand letter, early in federal court litigation, following Markman briefing, or even during PTAB proceedings. Early mediation is often the most cost-effective, but late-stage mediation can also help resolve stalled licensing discussions or clarify valuation gaps. Mediation is particularly beneficial when the parties disagree sharply on damages, infringement theory, or portfolio value. A neutral, experienced patent mediator helps bridge those divides.
Why Choose an Experienced Patent Trial Lawyer as Your Mediator?
NPE negotiations require a mediator with technical fluency, litigation experience, and business-oriented perspective. A mediator who understands claim charts, comparable licenses, prior art and invalidity defenses, and litigation risk modeling can guide the discussion more effectively and help parties avoid misinterpretation of the underlying technology. With nearly three decades of patent litigation experience, Darin M. Klemchuk brings the legal, technical, and strategic background needed to support clear, informed decision-making for both sides.
Why Choose Klemchuk Mediation?
Led by an IP trial lawyer with nearly 30 years of broad intellectual property law experience
More than 1,000 IP disputes handled — including 80+ patent cases
Deep understanding of technical, legal, and business issues
Skilled at bridging communication gaps between parties
Neutral, confidential, and business-aligned dispute resolution
Request Non-Practicing Entity Patent Mediation
If you are facing a Non-Practicing Entity (NPE) patent infringement claim, early mediation may dramatically reduce cost, uncertainty, and operational disruption.
Request a confidential NPE patent mediation session today.
NPE Patent Mediation Services – Frequently Asked Questions (FAQs)
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 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.
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.
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.
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.
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.
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.
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.
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.
Related IP Mediation Services
To support broader intellectual property and technology matters, we also provide:
Patent Mediation — Patent mediation provides a structured, confidential process to resolve infringement, NPE patent disputes, licensing, FRAND, and joint development disputes efficiently. It helps parties evaluate technical and legal risk while exploring business-driven solutions unavailable through litigation.
Trademark & Branding Mediation — Trademark and branding mediation focuses on resolving disputes involving brand confusion, coexistence, unfair competition, and rebranding. It balances legal risk with market value to protect brand identity and reduce costly escalation.
Copyright Mediation — Copyright mediation helps creators, rights-holders, parties accused of infringement, and businesses resolve disputes over infringement, ownership, licensing, authorship, and digital content. It provides a private, respectful environment that supports collaborative and commercially practical solutions.
Image Copyright Infringement Mediation — Mediate small cases involving the assertion of a copyright in a digital image often involving alleged publication on a website, blog, or social media. Due to the attorney’s fees and damages issues with these cases, we offer expedited mediation services for these kind of disputes.
Design Patent Mediation — Design patent mediation addresses conflicts involving product aesthetics, consumer perception, and ornamental design rights. It enables parties to evaluate similarity concerns and explore creative settlements such as redesigns, coexistence, or licensing.
Trade Dress Mediation — Trade dress mediation resolves disputes around product appearance, packaging, store layout, and overall brand presentation. The process helps parties assess consumer perception and develop adjustments that protect brand equity without market disruption. It also addresses claims of trade dress infringement.
Trade Secret Mediation — Trade secret mediation provides a confidential forum to address misappropriation, NDA and confidentiality agreement breaches, employee mobility, and competitive information disputes. It protects sensitive information while guiding parties toward secure, business-focused outcomes.
Software, SaaS, & Technology Mediation — Technology mediation helps resolve conflicts involving software and technology development agreements, licensing, integration failures, performance disputes, and product ownership. It clarifies expectations and rights while keeping complex technology projects moving forward.
Online Marketplace & Domain Name Mediation — This mediation service addresses disputes involving domain ownership, takedowns, DMCA violations, counterfeit enforcement, reseller conflicts, unauthorized sellers, and ecommerce platform issues. The process provides fast, practical solutions designed to reduce disruption and protect reputation.
Partnership & Founder IP Ownership Mediation — Founder and partnership mediation clarifies ownership, rights, and control of jointly created intellectual property. It preserves relationships and business continuity by guiding fair allocation and future-use agreements. It also helps one founder exit maximizing the value of the business for both sides.
These related processes help maintain consistency where IP rights overlap across multiple asset categories.
Disclaimer: Klemchuk Mediation does not provide legal services. See Klemchuk PLLC’s IP Legal Services page for services provided by the firm.