Mediation of patent disputes
September 3, 2019
We hope all of our readers have had an enjoyable summer, and relaxing Labor Day weekend. Alas, the wheels of justice ground well into August, and courts have continued to issue interesting mediation-related decisions. We have previously written (here and here) about decisions addressing dispute resolution clauses that obligate parties..
July 11, 2019
To deter parties from taking frivolous positions in connection with contractual relationships, agreements often contain fee shifting provisions that entitle a prevailing party to recover reasonable attorneys’ fees in any litigation arising under the agreement. The downside of fee shifting provisions, of course, is that they may deter parties from..
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Tags:May 16, 2019
“Expanding the pie” is a mediation technique that expands resolution of a dispute beyond purely distributive issues (i.e., how much money A pays to B) to other exchanges of value that create “win-win” solutions for the parties. “Pie expansion” works because, in most conflicts, it’s usually never “just about the..
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