Patent Mediation Services

A Smarter, More Efficient Way to Resolve Patent Disputes

Patent disputes are expensive, disruptive, and often highly technical. At Klemchuk Mediation, our patent mediation services help parties move past impasse using a structured, neutral, and business-focused approach. Guided by nearly 30 years of patent litigation experience and more than 80 patent infringement cases, we understand both the legal and technical dimensions that drive these conflicts.  We have significant experiences litigating cases nationwide and in particular, the Eastern District of Texas, Northern District of Texas, Western District of Texas, and Southern District of Texas. 

Whether the dispute involves infringement, ownership disputes, licensing, joint development, FRAND obligations, indemnification, or product design disputes, mediation provides a clear path to resolution while reducing cost, risk, and uncertainty. Our goal is simple: help parties reach a fair, informed outcome that supports ongoing innovation and business continuity without the risk and expense of trial.

Due to their unique nature, we have developed an expedited mediation service for matters involving NPE patent infringement disputes. 

Why Patent Mediation Works

Patent mediation provides strategic advantages that litigation simply cannot offer:

1. Reduce Cost, Risk, & Litigation Exposure

Patent cases often involve complex technology, months of disruptive discovery, expensive technical and economic experts, and years of litigation risk. Mediation allows parties to address disagreement early — before heavy costs accumulate — and offers far more control over the outcome.  With an average cost of through trial far in excess of $1M per side to litigate a patent dispute, mediation can be a successful tool to avoid substantial costs and risk. 

2. Understand the Strengths & Weaknesses of Each Side

With decades of patent litigation experience, we help parties evaluate technical merit, claim interpretation issues, and business realities. This allows for more informed decision making and reduces unrealistic expectations that often stall settlement.

3. Preserve Business Relationships & Technical Collaboration

Patent disputes frequently arise between suppliers, partners, innovators, or competitors operating in the same space. Mediation encourages constructive dialogue and creative solutions that preserve relationships rather than destroy them.  With respect to patent disputes involving Non-Practicing Entities (“NPEs”) often referred to as “Patent Trolls,” we understand that efficiency in reaching resolution early before costs accumulate is often a strategic goal for both sides of these kinds of patent disputes.  While in private practice, Darin Klemchuk does not represent NPEs, he has substantial experience representing plaintiffs in enforcing trademark portfolios, copyright portfolios, and anti-counterfeiting programs.  This experience provides insights into both sides of patent disputes.

4. Explore Flexible Solutions Not Available in Court

Litigation can only deliver a binary outcome — and substantial legal expenses. Mediation can deliver:

  • Early resolution before legal fees accumulate

  • Licensing or cross-licensing agreements

  • Development or supply commitments

  • Field-of-use arrangements

  • Royalty structures

  • Confidential business resolutions

  • Other creative solutions

These tailored outcomes support long-term strategic goals while reducing operational disruption.

Our Patent Mediation Process

Patent disputes require both structure and flexibility. Our process is designed to create clarity, encourage informed dialogue, and guide parties toward a commercially sensible solution.

Step 1: Pre-Mediation Conference & Preparation

We begin with confidential discussions with each party — reviewing the technology, asserted claims, prior art and other defenses, accused products, business concerns, and prior negotiations. This helps identify core issues early and prepares both sides for a productive mediation session.  We also evaluate the procedural stage of the patent dispute to assess the near-term strategic outcomes like claim construction, infringement contentions, invalidity contentions and prior art, and requests preliminary injunctive relief.

Step 2: Targeted Issue Framing

We distill the conflict into the essential questions: infringement theories, claim construction considerations and terms, existence of prior art, other patent-infringement defenses, damages viewpoints, commercial impacts, and long-term business concerns. Clear framing creates a more focused and efficient negotiation.

Step 3: Guided Negotiation & Risk Assessment

During the mediation session, we facilitate candid discussions around technical merit, commercial realities, litigation risk, and potential settlement structures. Parties gain a realistic view of the path ahead — including the likely cost, timeline, and outcome of continued litigation.

Step 4: Creative Resolution Pathways

If the dispute cannot be resolved through traditional compromise, we assist parties in exploring alternatives such as licensing, development agreements, royalty models, channel limitations, or product modifications. These creative solutions are often unavailable in litigation yet may produce superior business outcomes for patent disputes. 

Step 5: Documentation & Next Steps

Once an agreement is reached, we help memorialize the key terms for counsel to finalize. The result is a clear, actionable, and confidential resolution.

Ideal Scenarios for Patent Mediation

In our experience, the following patent disputes our ideal for mediation:

  • Patent infringement accusations

  • Declaratory judgment of non-infringement or invalidity

  • Patent disputes involving NPEs

  • Licensing or portfolio-wide negotiations

  • Joint development, OEM, supplier, or R&D disagreements

  • FRAND / SEP obligations

  • Indemnity disputes involving third-party claims

  • Product design changes, workarounds, or phased redesigns

  • Competitive disputes where continued litigation is risky or costly

Because courts in the EDTX, NDTX WDTX, and SDTX often order parties to mediation at least once in a standard scheduling order, mediation with an experienced IP trial lawyer offers unique benefits over a generalist mediator or a former judge. 

For more information about litigating patent disputes in Texas, see Klemchuk PLLC’s Texas local counsel page, which includes standard patent scheduling orders, patent local rules and associated diagrams, and requirements for counsel outside to appear pro hac vice in Texas federal courts. 

Industries Served for Patent Disputes

Our patent mediation services benefit parties across many industry sectors, including:

  • Software & AI technologies

  • Retail

  • Food, beverage, and restaurants

  • Consumer products

  • Telecom & wireless

  • Semiconductor & electronics

  • Mechanical & industrial design

  • Medical devices

  • Manufacturing & automation

  • Energy, cleantech, and emerging technologies

Why Choose Klemchuk Mediation?

  • Led by an IP trial lawyer with nearly 30 years of patent 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 Patent Mediation

If you are facing a patent dispute, mediation provides a practical, confidential, and cost-effective path forward.

Patent Mediation Services – Frequently Asked Questions (FAQs)

1. What are patent mediation services?

Patent mediation services provide a confidential, structured process where a neutral mediator helps parties resolve patent disputes—including infringement, licensing, ownership, and joint-development issues—without the cost and uncertainty of litigation.

2. When is patent mediation a good alternative to litigation?

Patent mediation is ideal when parties want to reduce legal costs, protect confidential technical information, preserve business relationships, or reach a faster resolution. It is especially effective early in a dispute, before litigation expenses escalate.

3. What types of disputes are best suited for patent mediation services?

These services work well for patent infringement matters, early mediations in NPE cases to minimize legal fees, claim-scope disagreements, licensing or royalty disputes, FRAND/SEP issues, indemnity claims, and conflicts arising from R&D collaborations or technology transfers.

4. How long does patent mediation typically take?

Most patent mediations are completed within a single day or over several short sessions. The overall timeline depends on dispute complexity, but mediation is significantly faster than litigation, which can take years. We typically schedule a half-day or full-day mediation, with a full day preferred for better outcomes.

5. Is the mediation process confidential?

Yes. All discussions and materials shared during patent mediation are confidential, allowing parties to negotiate openly without risk of public disclosure or prejudicing future litigation.

6. What role does the mediator play in patent mediation services?

The mediator acts as a neutral facilitator who helps clarify issues, evaluate risks, identify overlap between positions, and guide parties toward practical business-driven solutions. The mediator does not decide the case or impose an outcome.

7. Do we need to have technical experts participate?

Expert participation is optional, but often beneficial in complex technology disputes. Parties may bring technical experts or rely on the mediator’s background in patent, engineering, or technology matters.

8. Are agreements reached in mediation legally binding?

Yes—if both parties sign a written settlement agreement at the conclusion of the mediation. This agreement is enforceable like any other contract and can resolve all or part of the dispute.

9. Can mediation still help if a lawsuit has already been filed?

Absolutely. Patent mediation services are often used during active litigation to avoid trial expenses or to resolve specific contested issues. Many courts even encourage or require mediation during patent cases.

10. What information should we prepare before a patent mediation session?

Parties typically prepare a summary of key facts, infringement and invalidity contentions, licensing history, technical background, business goals, and desired settlement ranges. Bringing this information helps streamline and strengthen the mediation process.

11. 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.

12. 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.

Related IP Mediation Services

To support broader intellectual property and technology matters, we also provide:

  • NPE Patent Infringement Mediation — “NPE” (Non-Practicing Entities) or pejoratively, “patent troll” litigation can present unique challenges over typical patent infringement cases due to the costs of litigation versus settlement value. Due to the attorney’s fees and damages issues with these cases, we offer expedited mediation services for these kind of disputes.

  • 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. 

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