Patent Dispute Mediation

Discovery Dispute Mediation

In addition to traditional Patent Dispute Mediation to resolve litigation in its entirety, Gary Kitchen also provides a highly cost effective mediation process for discovery disputes that can significantly reduce patent litigation costs.

Discovery disputes are, unfortunately, all too frequent in patent litigation, even where courts have issued extensive rules and orders regarding the parameters of discovery. Unaided meet and confers between opposing counsel often deteriorate into advocacy, with each side carrying the torch admirably for their own position at the expense of reaching a more cost effective resolution. Motion practice and hearings associated with discovery disputes become very, very, expensive for clients and all too frequently lead to both sides incurring the displeasure of the court.

Discovery Dispute Mediation can be a highly cost effective alternative to motion practice and unaided meet and confers. The process generally involves a short (two to four hour) discovery mediation process, usually conducted by web-video or teleconference. This type of “shock” mediation process may prove quite effective in reducing costs of discovery and the number of discovery related issues taken before the court.

Gary Kitchen has negotiated and resolved hundreds of discovery and pretrial evidentiary disputes without the necessity of court intervention and is available to assist with short mediations focused on discovery and pretrial issues. Compared with the expense associated with researching, drafting, and filing motion practice, as well as hourly and travel expenses related to hearings or face to face meet and confers, the additional expense of involving Mr. Kitchen to resolve the issue is negligible and the potential to reduce litigation costs is significantly increased.