If one party believes that the other is not abiding by the terms of the licensing agreement, technology licensing disputes in Beverly Hills California may arise. In some cases, litigation may be necessary in order to effectively provide clients with the remedy that they desire. However, many technology licensing disputes in Beverly Hills California are resolved through mediation. Mediation offers the following advantages:
Mediation can usually be scheduled shortly after an intellectual property dispute arises. Rather than draw negative or unwanted publicity to an affected licensing dispute, the parties can shortly be on their way to resolving a claim. Litigating a licensing dispute may take months or even years to completely resolve.
Confidentiality is paramount in these types of proceedings. Licensing disputes may involve proprietary information, trade secrets and other confidential matters. Usually, court cases are available to the public. Mediation provides confidentiality to the parties. After litigation, a party may experience an influx of infringement after the case is publicized and decided. Mediation allows the parties to freely discuss the licensed technology without sharing its founding secrets with the world.
Mediators and the parties may suggest innovative remedies that would not otherwise be available to them through litigation. These remedies may be based on a royalty structure, cross-licenses or other ideas in which both parties’ interests can be mutually served. The parties have to agree to a resolution for it to be included in the mediation agreement. Therefore, they have an incentive to brainstorm unique ways to resolve the licensing dispute.
Generally, lawyers have limited say over who will decide the case. They can exercise some power during the voir dire process, but this is limited. Attorneys and parties can decide together who will serve as the mediator. This allows the parties to pick someone who has an understanding of intellectual property law and related issues.