Mesothelioma News

The cost of patent litigation, from discovery, trial and counsel fees to claim awards, has seen a tremendous and continuous upward expansion in recent years. The number of patent claims resolved by district courts through summary judgment has doubled since the launch of the Markman Hearing, but even greater resolve and cost savings can be realized by parties that take a pre-Markman ADR approach," says Hon. William F. McDonald (Ret.), a full time mediator and arbitrator with JAMS, The Resolution Experts (Southern California). "Some fast-track patent jurisdictions already mandate a meeting of the parties in advance of the Markman Hearing, to identify and narrow down the basic components and legal foundation of the claims," he says. "Whether or not it's mandated, anticipating a Markman Hearing, both sides of a dispute should start the ADR process early to focus and resolve basic claims. The hearing will be more productive, and more likely to avoid trial if this step is taken," says McDonald. Judge McDonald specialized in intellectual property law as a Registered Patent Attorney and in business litigation for 15 years before his appointment to the bench in 1981. He is a certified member of World Intellectual Property Organization panel of Arbitrators and Mediators. He is available to comment or write on the use of early ADR in patent litigation. [08/07/2008]