Federal Judicial Center

Patent Mediation Guide Federal Judicial Center

Mediation can be an effective tool in resolving simple to complex patent litigation. As the volume of patent cases has increased around the country, the number of experienced mediators and parties that have participated in the mediation process has also increased. This guide collects the knowledge of experienced judges, mediators, counsel, and parties to promote cost-effective, time-effective, and constructive dispute resolution. Much of the practical information contained within this guide was derived from interviews with federal judges, patent litigators, and in-house attorneys familiar with conducting patent mediations. These sources are not quoted directly so as to preserve anonymity with regard to their views on particular issues. This stage-by-stage and issue-by-issue guide supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediations when judges are managing patent cases. This supplement addresses issues specific to mediators (magistrate judges and private mediators) and in-house and litigation counsel.