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Patent Mediation Task Force
CPR has formed a new Task Force focused on improving patent mediation. The Task Force will explore the benefits and barriers to effective use of mediation in patent disputes and will build on the work of CPR’s previous International Commission on Patent Disputes and the Information Technology Conflict Management Committee, which published a Master Guide to Patent Mediation in 2006.

CPR has long been a pioneer in seeking improvements to private resolution in disputes involving Intellectual Property and Patents.  Since 1987, CPR has convened leaders in the US and Europe in technology fields to consider mediation and other non-binding ADR techniques.  In 2004, CPR created the International Commission on Patent Disputes and significant work was completed in three parallel tracks focused on mediation, arbitration and assisting the judiciary. 

The Chair of this Committee is Manny Schecter of IBM Corporation.

CPR regularly convenes this committee of in-house counsel, attorneys, and leading ADR practitioners to analyze, establish benchmarks and publish material on issues that are critically important to business practices. 

COMMITTEE MEMBERS ONLY: Information about upcoming meetings (including dial-in information), meeting minutes, agendas, materials, and works in progress for this committee are available via this link. >Access Materials

If you would like to join this committee, Contact Kathy Bryan at kbryan@cpradr.org. Committee participation is open to CPR Members only.

“Effective Practices Protocol” for Promoting Mediation of Patent Disputes
Since its formation in 2010, the Task Force concluded that current patent settlement rates demonstrate that mediation is underutilized in patent disputes.  In response, the Task Force has begun development of an “Effective Practices Protocol” (EPP) for promoting mediation of patent disputes.  

The Chair of the Task Force has formed three subcommittees to begin to examine mediation best practices from each of five stakeholder perspectives (in-house counsel/business people; outside counsel; mediators; judges; provider organizations) in three areas: 1) pre-mediation; 2) mediation; and 3) issues unique to patent cases).  The work of the subcommittees will be to gather information, conduct surveys and lead focus groups with the goal of completing the protocol in 2013.


The subcommittee members are:

Pre-Mediation
Harrie Samaras (Chair)
Jason Burwell
Robert F. Copple
Anne B. Kiernan
Russell E. Levine
Jay Stewart
S.I. Strong
Phillip C. Swain
Hon. Mary Pat Thynge
 
Mediation
Kevin Casey (Chair)
Kenneth R. Adamo
Mark Edwards
Hon. Edward N. Cahn
Dennis Crouch
Hon. John S. Martin
Robert T. Tobin
Unique Issues in Patent Cases
John M. Delehanty (Chair)
Bruce G. Bernstein
M. Scott Donahey
Don W. Martens
Hon. Paul R. Michel
Steven W. Miller
Maxim (Mac) H. Waldbaum
Michael Walker
John K. Williamson










See Press Release here.

For more information about the work of this group, contact Kathy Bryan.