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Arbitration & Mediation: A More Effective Way to Protect Valuable Intellectual Property Alternative Dispute Resolution Can Short-Circuit Expensive Litigation to Achieve Better Results Version: May 2009

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2009-05-18

Arbitration & Mediation: A More Effective Way to Protect Valuable Intellectual Property
Alternative Dispute Resolution Can Short-Circuit Expensive Litigation to Achieve Better Results

By Kenneth Solomon of Gallop, Johnson & Neuman, L.C.

Mr. Solomon is chair of the Intellectual Property Practice Group at the law firm of Gallop, Johnson & Neuman, L.C. in St. Louis, Missouri.  He has over 25 years of experience as a patent and trademark attorney representing clients in the United States and internationally in virtually all areas of intellectual property law.  He currently teaches a course on trademark law as an adjunct faculty member at the Washington University School of Law in St. Louis. Mr. Solomon's expertise includes drafting and prosecuting a wide range of intellectual property agreements, and preparing patentability, validity and infringement opinions on behalf of clients.  He has prepared and prosecuted hundreds of patent applications on behalf of, among others, global and multi-national companies, as well as leading universities. Over the last fifteen years, Mr. Solomon's practice has focused primarily on managing large, international intellectual property portfolios, from obtaining and securing rights through the preparation and prosecution of patent and trademark applications, to protecting such rights offensively and pro-actively through client counseling, policing, licensing and litigating, as well as protecting his clients defensively against rights asserted by others. He can be reached via email at KSolomon@gjn.com or by calling 314- 615-6290.



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A More Effective Way to Protect Valuable Intellectual Property.pdf Version: May 2009

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2009-05-19

Arbitration and mediation provide ways to avoid the skyrocketing costs of litigation while achieving better results.

In arbitration, the parties present their cases to an arbitrator for a binding or nonbinding decision. Mediation is a non-binding process designed to encourage the parties to settle. Collectively, these processes are known as “alternative dispute resolution” or “ADR” and they offer many benefits to traditional patent litigation.

For many years I opposed ADR, especially mediation. I viewed mediation as a way for someone with no case to extract a settlement, not only unjustly enriching him, but also encouraging his behavior. I still oppose ADR in such cases, but that type of misuse of the process notwithstanding, over the last several years I have come to recognize the value of ADR in many cases. In fact, I have been so convinced of the advantages offered by mediation -- especially in patent cases -- I even became certified as a mediator myself.



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The Real Confusion in Trademark Law Version: Fall 2006

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2009-02-04

Many businesses adopt descriptive or generic terms as "trademarks" for goods and services. The consequences of using such names are significant and can affect a business's ability to federally register and otherwise protect the terms as trademarks.

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