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A patent attorney in Beverly Hills California knows the inherent risks of pursuing or defending patent litigation. The party who believes his or her patent has been infringed upon may find out that his or her patent was not as strong as intended. The other party may face the consequence of having to pay substantial monetary damages. By following these three conflict resolution tips from a patent attorney in Beverly Hills California, you may be able to minimize your liability while increasing your probability of resolving your case.

Ask the Right Questions

Sometimes parties or their counsel only ask questions in order to get the answers they want. However, this tactic often does not work and makes the other party defensive. Frame questions in a tactful manner that helps to uncover issues involved in the case. Sometimes it helps to state the reason why you are asking something before making the request. This helps confirm that you are simply doing your job and trying to get to the root of the problem.

Focus on the Problem, Not the Person

Technology disputes can become personal, but they certainly do not have to. Remove the person from the equation and try to attack the lingering problem. By separating the two, you can set a tone for cooperation and emphasize the need for parties and their counsel to work together.

Connect Offers

In order to minimize the monetary value of a proposed settlement, offer two options in an either-or format. For example, ask whether the party wants monetary damages or a licensing agreement. This gives the other party the chance to reflect on what would actually benefit the party the most.

Drawing on an engineering background, thirty five years as an advocate in commercial, intellectual property and e-discovery disputes, twenty years serving as an arbitrator, 200+ mediations and 400+ hours of formal ADR training, Greg is “all in” in assisting parties in the speedy and economic resolution of disputes whether as a negotiation or settlement counselor, a mediator or an arbitrator. While Greg is available for mediation and arbitration of various disputes, his focus remains on complex commercial and intellectual property matters including e-discovery disputes. Greg can be reached at greg.wood@agencydr.com