Patent Dispute Litigation

Settlement Counsel

While the traditional litigation model called for litigation counsel to handle both advocacy and settlement responsibilities, litigation attorneys and clients alike are increasingly turning to separate counsel to represent them in negotiations, mediations, and settlement discussions. These parties have found that separating these two functions has distinct advantages in terms litigation efficacy, increased likelihood of settlement, and decreased litigation costs.

Retaining settlement counsel allows litigation and trial counsel to remain focused on their primary task – ultimately winning at trial – and to make optimal use of their primary skill set – advocacy. Settlement counsel, while working closely with the client and trial counsel during the actual negotiation process, focuses upon bringing the parties to a successful and more cost effective resolution of the dispute, often bringing a very different perspective and skill set that increases the likelihood of success. The client often recoups the marginal cost associated with retaining separate settlement counsel several times over if the parties successfully reach an agreement. Even if the case does not settle, the relatively small additional cost of settlement counsel is generally more than offset by the savings associated with having trial counsel remain on task and relatively undistracted by the settlement process.

A trained mediator and successful patent litigator, Gary Kitchen brings the right mix of training, experience, and personality to this role and is available for retention as settlement counsel nationwide.