Menu
All articles tagged '"mediation privilege"'
6 articles found
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”
Federal Mediation Privilege: Considerations for Patent Mediation
By Kyle Bailey - March 13, 2019
Participants in patent mediation must be careful not to make assumptions regarding mediation privilege.
Federal Circuit Declines to Recognize a Mediation Privilege
By Victoria VanBuren - December 2, 2011
In a patent infringement case, the U.S. Court of Appeals for the Federal Circuit declined to recognize a federal mediation privilege. In Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011), Kimberly-Clark Worldwide, Inc. (“K-C”), owner of patents related to disposable absorbent products (such as diapers) brought a patent infringement action against competitor First Quality Baby Products, LLC (“First Quality”). Fis
Article: The Path Toward A Federal Mediation Privilege
By Victoria VanBuren - November 9, 2011
We came recently came across “The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency for a Mediation Privilege in Federal Courts,” written by Joseph Lipps and published by the American Journal of Mediation. Here is an excerpt: In commencing a mediation, the mediator provides an opening statement promising confidentiality. This promise however is wrought with a complex legal analysis where federal courts
ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
By Victoria VanBuren - August 26, 2011
The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the
Adjunct Law Prof Blog: Mediation Privilege Recognized In Ohio
By Victoria VanBuren - March 3, 2010
Professor Mitchell H. Rubinstein at the Adjunct Law Prof discussed last week this mediation confidentiality case: Anthony v. Andrews, 2009 WL 4547605 (Ohio Ct. App. Dec. 4, 2009), is an interesting mediation case. Rebecca Anthony sued Dr. Annette Andrews in state court alleging medical malpractice. During a court-ordered mediation, Andrew’s counsel informed the mediator that Andrews would not give her consent to settle the matter and had ne
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy