Patent Law Practice Center

The Art of Negotiation – Mediation of IP Disputes

Jeff Kichaven (pictured left) is one of California’s leading mediators. I met Kichaven several months ago while I was in Newport Beach, California, to speak at the Orange County Bar Association. At the conclusion of our breakfast meeting I asked if he would be interested in an on the record conversation for publication. He agreed. What follows are except from our conversation, which took place on Monday, December 22, 2014. To read the full transcript of the interview please see Working toward settlement wherever possible.

Here is our dialogue on the reality that in most circumstances neither party really wants a court to make a decision and would be better off reaching a negotiated resolution.

QUINN: … And my experience usually when the judge or the jury makes the decision neither party is happy.

KICHAVEN: That’s true. So many times it has cost so much, taken so long and been so grueling along the way, that even the winner questions whether it was worth it.

QUINN: Yes.

KICHAVEN: It’s especially true in intellectual property cases because when people get too involved in litigation focusing on the past and perhaps lose their focus on the marketplace, new competitors can come in and beat them in the marketplace. So it’s important, particularly for technology companies in fast moving industries, to keep their eyes focused on the future and competing in the marketplace rather than focused on the past and competing in the courtroom, other than in a small number of cases where that focus really is absolutely necessary.

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Top 10 Patent Issues for Patent Practioners

I recently asked Thomas Creel, of Thomas L. Creel P.C., former patent law professor for 20 years at Columbia University Law School, that with all the latest developments in the patent community including the rebirth of patent reform, the recent court cases regarding what is patentable subject matter and the proposed changes in PTO procedures, what are the top 10 areas of interest for Patent  Practioners right now?  Here is what he had to say….

1.  Economy – There’s been a lot of talk about how the economy has and is changing the practice of law, particularly in private practice. For example, new billings methods have been proposed to replace the hourly billing traditional system. Have there been discernable economic and structural changes which have affected the patent practitioner, and how are they likely in the future to affect him or her?  For example, what is the future of the big boutique law firms (such as Finnegan, Henderson; Kenyon & Kenyon; Fitzpatrick, Cella, etc.) vs. the IP sections of large general firms?  How about large corporations- has the economy affected the filing of patent applications or the handling of litigation?  Another aspect of this might be what the average charge is for prosecution, litigation, licensing, etc. (more…)