In general, alternate dispute resolution (ADR) has certain advantages compared to proceedings in courts or other tribunals. This article explores ADR in the context of intellectual property litigation, including considerations as to whether to employ a mediator who is considered an “expert” in a given field.
Advantages to ADR in the IP Context and Using an Expert in ADR
One advantage to using ADR is the potential for cost-saving. The costs associated with taking a case through trial (and appeals) can be astronomical, especially in intellectual property cases. For example, in 2019, the average cost of a patent infringement litigation with a claim worth less than $25 million was $2.8 million. See “IP Watchdog, Managing Costs of Patent Litigation,” (last accessed Dec. 17, 2022) (referencing the American Intellectual Property Law Association’s “Report of Economic Survey” for 2019). The average cost of a patent infringement lawsuit with a claim worth more than $25 million was approximately $4 million.
