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: IP ADR BlogWIPO Mediation Case Studies
By Les Weinstein, Michael Young, John Leo Wagner, Eric van Ginkel, and Victoria Pynchon
From the files of the World Intellectual Property Organization Set out below are examples of mediations conducted under the WIPO Rules. The Center also makes available a summary overview of its caseload. These examples have been prepared while respecting the confidentiality of WIPO proceedings.
M1. A WIPO Patent Mediation
A technology consulting company holding patents on three continents disclosed a patented invention to a major manufacturer in the context of a consulting contract. The contract neither transferred nor licensed any rights to the manufacturer. When the manufacturer started selling products which the consulting company alleged included the patented invention, the consulting company threatened to file patent infringement court proceedings in all jurisdictions in which the consulting company was holding patents.
The parties started negotiating a patent license with the help of external experts but failed to agree on the royalty as the multimillion dollar damages sought by the consulting company significantly exceeded the amount the manufacturer was willing to offer.
Full post as published by IP ADR Blog on August 03, 2009 (boomark / email).
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