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Intellectual Property
Resolution of Intellectual Property disputes is a highly specialized area that requires a command of both IP law and also a deep understanding of the dynamics, customs and practices in the technology world. FedArb’s IP panel includes the leading former IP jurists in the country, as well as the leading IP practitioners specializing in high-stakes, complex intellectual property disputes, such as:
- Copyright
- Patents
- Trademarks
- False advertising
- Licensing and Royalty Rates (FRAND)
- Trade secrets
- ITC Section 337
- Data Security
- Privacy
Confidentiality is the cornerstone of resolving these disputes. Resolution of IP, technology and trade secret disputes is best accomplished through non-public engagements, either through mediator or arbitration.
Mediation with an experienced FedArb neutral preserves critical relationships among industry stakeholders, eliminates costly delays and offers crucial confidentiality. Mediation can be an effective and efficient option to resolve intellectual property disputes. In many patent or trade secret disputes, mediation with someone who can direct the parties to the key legal issues can help the parties get to the heart of the dispute quickly, regardless of how complex or technical the issues might be.
Arbitration of IP/patent claims using a seasoned FedArb arbitrator with IP industry expertise and a customized, expedited discovery process is more cost-effective and efficient than protracted litigation. Arbitration allows the parties to select an arbitrator who is referenceable and has extensive legal and subject matter expertise. Such an IP toolkit avoids the parties spending time and money on needless discovery or on expensive tutorials to educate a judge (or worse) a jury, with no guarantee that the attempt will succeed. FedArb also allows the parties to agree to an appeals process upfront to a panel of three formal federal judges with IP experience. As with mediation, all proceedings are confidential and the award—unlike a court decision—is enforceable throughout most of the world.
Mock Trials with one of our knowledgeable IP panelists allows for an objective critique and valuable insights on potential litigation outcomes and offers strengths and weaknesses of your case.
FedArb panelists can also serve as an expert witness or conduct or oversee internal investigations.
Our experienced case managers will thoroughly manage every detail of your case no matter what ADR process you choose and ensure that all participants adhere to agreed-upon deadlines.
