The Employment of Experts in Mediating and Arbitrating Intellectual Property Disputes* – Vol. 6 No. 4

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Author: Robert Goldscheider**

Published: December 1995

United States
Intellectual Property

Description:¬†With the rise of intellectual property litigation in the United States — a phenomenon that has also affected many foreign-based companies doing business in America — a professional sub-specialty has arisen which plays a significant role in these conflicts. It is comprised of a cadre of experts who regularly assist litigating attorneys and the judiciary on various issues, including:

  • analyzing technology, particularly relating to patent infringement, and the availability of non-infringing alternatives;
  • projecting the financial dimensions of patent, trademark and copyright infringements, as well as the misappropriation of trade secrets and know-how, usually in the form of lost profits;
  • providing opinions as to damages, frequently expressed as “reasonable royalties,” that should be paid to the proprietors of such intellectual property rights as a result of such infringements and misappropriations; these exercises often involve simulating negotiations between the proprietor and accused infringers; and
  • commenting about standard industry attitudes and practices that could provide better understanding of the disputes that inspired the legal proceedings.

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*Notes & Comments
**Chairman, The International Licensing Network, Ltd., New York. This article is to be presented at the first AIPPI Forum on “Strategies of Dispute Settlement in Industrial Property,” in Interlaken, Switzerland, September 10-14, 1996.