Conflict Resolution|Mediation|systems design

New Patent Dispute Protocol from CPR Institute

From the CPR Institute:

CPR’s Patent Mediation Task Force released its Effective Practices Protocol today endorsing the use of alternative dispute resolution (ADR) in patent disputes, an area in which the cost of litigation expenses have become astronomical.

In 2010, the International Institute for Conflict Prevention and Resolution (CPR), the only independent non-profit organization whose mission is to help global business and their lawyers resolve complex commercial disputes more cost effectively and efficiently, formed the Patent Mediation Task Force to analyze methods and solutions for improving the use and efficiency of mediation in patent disputes. The Chair of the Task Force is Manny W. Schecter, IBM Chief Patent Counsel.

The Task Force formed three subcommittees to examine mediation best practices from each of five stakeholder perspectives: in house-counsel/business people, outside counsel, mediators, judges, and provider organizations. Each subcommittee focused its evaluation on one of three distinct topics: pre-mediation, mediation, and unique issues in patent cases. The subcommittees consolidated their findings into the newly promulgated report that highly recommends the use of mediation in patent cases.

The Subcommittee members are:

Harrie Samaras (Chair)
Jason Burwell
Robert F. Copple
Anne B. Kiernan
Russell E. Levine
Richard Rainey
Jay Stewart
S.I. Strong
Phillip C. Swain
Kevin Casey (Chair)
Kenneth R. Adamo
Hon. Edward N. Cahn
Dennis Crouch
Mark Edwards
Hon. John S. Martin
Peter Michaelson
Robert T. Tobin
Unique Issues in Patent Cases
John M. Delehanty (Chair)
Bruce G. Bernstein
M. Scott Donahey
Don W. Martens
Hon. Paul R. Michel
Steven W. Miller
Maxim (Mac) H. Waldbaum
John K. Williamson
Thomas F. Fleming

According to Kathleen A. Bryan, President and CEO of the CPR Institute, “The CPR Institute has been a pioneer in seeking improvements to private resolution in disputes involving intellectual property and patents.  This new protocol has the potential to find solutions to earlier resolution of patent disputes, which are the most costly cases for many companies.” Mr. Schecter of IBM agreed, saying, “The Task Force’s Report is groundbreaking and will help the industry overcome barriers to mediation of patent disputes that will save businesses from wasteful litigation costs.”


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