Why a Patent Attorney in Orange County CA May Recommend ADR
Dec. 1, 2022
No one is more intimately familiar with the complexities of patent litigation than a patent attorney in Orange County California. Rather than go through contentious, costly and complex litigation, a patent attorney in Orange County California may recommend that clients and other attorneys turn to alternative dispute resolution for the following reasons:
Alternative dispute resolution allows the parties to work out how their legal issue will be resolved on their own terms. The parties get to choose the party who will help guide the process or decide the case. In arbitration, the parties can also agree on the appropriate law that should be used, which rules of evidence should be followed and what amount of discovery will be permitted. Allowing the parties to exercise discretion over these important issues can help create a streamlined approach to resolving the case.
While the justice system is predicated on the idea that decision makers will be neutral, many practicing attorneys have seen firsthand how juries and judges may naturally side with one party over another. In patent cases, the parties may hail from different states, giving one party a home-court advantage. In mediation or arbitration, a neutral person can be appointed and who will not be influenced by such factors.
If an existing patent is at issue, it can be important for the patent holder to protect information about the patent from being exposed to competitors. For example, the patent holder may not want competitors to discover a weakness in the patent that could allow them to easily get around it. ADR proceedings are usually confidential in nature, sometimes as a mandatory element or sometimes by request. The parties can agree to keep all information discussed confidential as well as to keep the results confidential.