Intellectual Property (IP), unlike tangible assets, is a collection of ideas and concepts. The resolution of the vast majority of even the most hard-fought IP disputes is often accomplished through an agreement between the parties. An IP dispute is the perfect candidate for broadening the windows when mediation or arbitration should be considered because, more often than not, the basic underlying business issues have already been analyzed well before litigation has been considered.
Areas of experience
NAM has significant experience in administrating IP disputes in the following areas:
- False advertising
- Trade secrets
Agreeing to mediation even before litigation is filed is increasingly becoming common practice in the IP dispute resolution process. Additionally, not just mediation, but voluntarily submitting the matter to pre-litigation binding arbitration, even with its potential uncertainties, could serve a better choice than litigation with its guaranteed uncertainties. There is also the added benefit that the mediator has knowledge of the general subject matter, and therefore there is a greater likelihood that the discussions can proceed quickly, smoothly and might well permit resolution that could not otherwise be achieved in litigation. When mediating IP disputes, NAM mediators are well-versed in the unique issues at play in IP cases, and they understand both the monetary and non-monetary factors that impact settlement decisions.
The rapid changes brought about by technology have, in many instances, shortened the economic lifecycle of patented technology. The right to exclude competition is often no longer as valuable as it once was because of industry disruption or category-killing innovation. As a consequence, sophisticated businesses are reevaluating patent enforcement philosophies that were previously predicated upon the assumption that patent litigation worked in their favor. NAM's experienced arbitrators can assist parties in resolving intellectual property disputes.