A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Mediation

Will the Court Still Refer a Patent Case for Mediation? Maybe.

Andrew E. Russell, Dec. 18, 2023
Mediation Congestion

It's impressive when an attorney files a short letter and gets the Court to do something that it is not often inclined to do.
It's impressive when an attorney files a short letter and gets the Court to do something that it is not often inclined to do. Immo Wegmann, Unsplash

The District of Delaware generally suspended its mediation program in 2021, and mediations before a magistrate judge rarely happen in patent cases these days (although they do sometimes happen in some other cases, such as employment cases).

Since then, parties have sometimes moved to private mediations—especially when ordered to—but generally in my experience the overall number of cases that go through mediation has declined, and there aren't a huge number of local patent-case mediators.

When we last discussed this, we noted from comments at the 2023 Bench and Bar conference that …

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Looking for a Local Mediator for a District of Delaware Patent Case? It's a Short List

Andrew E. Russell, June 20, 2022
Mediation KB

candice-seplow-rd27HO_IJSo-unsplash
Candice Seplow, Unsplash

Since the Court suspended its mediation program, parties have noticed that the District of Delaware lacks an established pool of local mediators who are available to mediate patent cases.

As I mentioned a while back, I wanted to put together a list to help match attorneys and clients with mediators who have District of Delaware patent-case experience. I've now heard from multiple D. Del. mediators and attorneys about who people are using, and I put together this list.

Spoiler alert: It's a short list. My primary criteria were: local or nearby, active, and experienced in patent cases or patent case mediations. Even so, there are just not a ton of names, and people largely …

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Who Have You Been Using to Mediate Patent Cases in the District of Delaware? Let Us Know!

Andrew E. Russell, June 3, 2022
Mediation IPDE

Who Are You
Brett Jordan, Unsplash

As I mentioned in our other post today, the District Court's mediation program has filled the need for local patent mediators until recently. But with the suspension of that program, it occurs to me that it might be helpful for us all to have a list of currently-practicing patent mediators in the District of Delaware who may be helpful when some of the usual suspects are conflicted or unavailable.

So if you have patent, IP, or complex commercial cases in the District of Delaware and feel comfortable sharing who you've been using as mediators (anonymously or otherwise), or if you are a practiced mediator yourself and want to get your name out there, send me an e-mail.

If enough people share names, I'll do a post with those names and some of the others we've used or considered.

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With Mediation Program Inactive, Court Forces Parties in Patent Action to Private Mediation Days Before Trial

Andrew E. Russell, June 3, 2022
Mediation Congestion

Peace Talks
Markus Winkler, Unsplash

This week, after a series of sealed letters from the parties in Evertz Microsystems Ltd. v. Lawo Inc., C.A. No. 19-302-MN-JLH (D. Del.) apparently indicating settlement is imminent, Judge Noreika issued the following order:

ORAL ORDER . . . Having reviewed the parties' letter stating that they have failed to settle the case and the parties' proposal that they engage in mediation with Judge Andrea L. Rocanelli "in the event settlement cannot be reached by close of business tomorrow," IT IS HEREBY ORDERED that the parties' proposal is REJECTED. For weeks, the parties have represented to the Court that settlement is imminent. Trial is set to commence on June 6, 2022 …
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