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This stage-by-stage, issue-by-issue guide to the mediation of patent disputes 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 mediation when judges are managing patent cases. This supplement provides analogous guidance to patent mediators (magistrate judges and private mediators), in-house counsel, and litigation counsel. The authors have worked extensively with experienced federal judges, mediators, counsel, and parties to identify ways to promote cost-effective, time-effective, and constructive dispute resolution.
© 2019 Kathi Vidal, Leeron G. Kalay, Peter S. Menell, Matthew Powers, Sarita Venkat
The PDF is also available for download through the SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3320111.
Some judges have used mediation in Chapter 9 cases to help the parties reach a consensus, or at least narrow the issues, regarding the plan of adjustment. This page includes the mediation orders from several cases, as well as documents from a case in which a motion for the appointment of a mediator was denied. It also includes documents pertaining to the authority of judges, including those from outside the district, to serves as mediators.
Mediation is one of several Chapter 9 Online Repository categories.