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Available Throughout Florida 407-841-2330 bgilchrist@allendyer.com * Home * Experience * What is Mediation * Intellectual Property Disputes * The Mediation Procedure * Preparing for Mediation * The Selection of a Mediator * Patent Mediation * Trademark/Unfair Competition Mediation * Copyright Mediation * Trade Secret Mediation * Mediating a Breach of Contract Case * Why Use Mediation Services * Other Services Offered * Contact * Resources * * ABOUT BRIAN GILCHRIST Mr. Gilchrist, a shareholder with Allen, Dyer, Doppelt + Gilchrist, is Board Certified by The Florida Bar in the area of Intellectual Property Law and serves on the Florida Bar’s Intellectual Property Certification Committee. Certification is the highest level of evaluation by The Florida Bar for competency, experience, professionalism and ethics in an area of law. In his nearly 30 years of intellectual property litigation, he has tried a variety of cases including patents, trademarks, copyrights, trade secrets, deceptive trade practices and restrictive covenants. Mr. Gilchrist has been attorney of record in over 200 patent cases across the country, over 100 trademark cases and over 75 copyright cases. Mr. Gilchrist has been rated an “AV” attorney by Martindale-Hubbell, the highest rating available, since 1996. He is listed on their “Bar Register of Preeminent Lawyers.” In addition, he is regularly recognized in Florida Super Lawyers, Florida Trend’s Legal Elite, Best Lawyers in America and Orlando Magazine’s Best Lawyers. INTELLECTUAL PROPERTY DISPUTES * Intellectual Property Disputes * The Mediation Procedure * Preparing for Mediation * The Selection of a Mediator * Patent Mediation * Trademark/Unfair Competition Mediation * Copyright Mediation * Trade Secret Mediation * Mediating a Breach of Contract Case INTELLECTUAL PROPERTY DISPUTES INTELLECTUAL PROPERTY DISPUTES In a lawsuit or binding arbitration, the outcome of a case is determined by a judge or jury’s determination of what the facts are and then applying those facts to the law. The fact finder can reach the wrong conclusion. The Court can get the law wrong, or an Appeals Court can change the law after all your time and money is spent. In a mediation, the parties are usually guided by their business interests and are free to choose an outcome that is focused more on the future and less on resolving factual disputes of the past. READ MORE THE MEDIATION PROCEDURE THE MEDIATION PROCEDURE Mediation, at its core, is an effort to get the parties to talk. By the time a case gets far enough along to be a candidate for mediation, it usually means the parties are no longer talking, or at least not communicating effectively. A skilled mediator will attempt to bridge the communication hurdles that have created the impasse. However, no mediator can be effective without the good faith participation of all the parties and the parties’ willingness to listen and communicate. READ MORE PREPARING FOR MEDIATION PREPARING FOR MEDIATION Parties to a dispute may come to the mediation with a level of distrust and access to only favorable information. These biases can set the tone of the mediation and create hurdles to a willingness to consider compromise. Overcoming these obstacles can be an uphill battle for the parties and the mediator. Counsel and clients must commit to the process and be willing to believe there is another side to the dispute in order to achieve success in mediation. READ MORE THE SELECTION OF A MEDIATOR THE SELECTION OF A MEDIATOR The selection of the mediator is the first important step in settling the dispute. Is the dispute a simple transaction? Are the parties incapable of trust and need a mediator who both sides can trust? In intellectual property cases, perhaps the most important characteristic is a mediator who understands the technology, the law and has some real experience in the field. READ MORE PATENT MEDIATION PATENT MEDIATION The life of patent dispute is often long, expensive and riddled with small victories and small defeats along the way. Mediation can occur at any stage of the proceeding, whether before a lawsuit, at the early stages of a lawsuit, around the Markman debates, before or after Summary Judgement motions are resolved, before or after trial and during appeal. There are benefits and drawbacks to mediating a case at each of these stages. READ MORE TRADEMARK/UNFAIR COMPETITION MEDIATION TRADEMARK/UNFAIR COMPETITION MEDIATION According to the 2017 American Intellectual Property Law Association Report, the average cost of a Trademark lawsuit ranges from $300,000 to more than $1,000,000. The average cost of a Trademark opposition proceeding is over $80,000 and such a proceeding will not stop a party from using a mark or award any damages. READ MORE COPYRIGHT MEDIATION COPYRIGHT MEDIATION Copyright mediation enables parties to avoid the unusually high cost of copyright litigation. The 2017 AIPLA Economic Survey reports that the average cost of a copyright lawsuit ranges from $200,000 to $1,000,000. The costs can be contributed to the highly specialized field of copyright law, which is complex and highly nuanced. In addition, the creative work can range from highly technical architectural works, to software code, to musical composition to literary works. READ MORE TRADE SECRET MEDIATION TRADE SECRET MEDIATION The 2017 AIPLA Economic Survey reports that the average cost of a Trade Secret case ranges from $400,000 to $1,650,000. The discovery process is often cloaked with secrecy, more times than not prohibiting the clients from reviewing the materials produced by the opposing side or even hearing the testimony obtained in the case. These restrictions often lead to frustration and a sense of helplessness in trade secret cases. READ MORE MEDIATING A BREACH OF CONTRACT CASE MEDIATING A BREACH OF CONTRACT CASE When a business relationship goes south, lawsuits are the natural consequence. Once a claim is made, more often than not, counterclaims follow and the lawsuit takes a life of its own. All-encompassing discovery demands are the norm and with the pervasive use of electronic storage of company records, specialists are often needed to control the e-discovery challenges. Some litigants are forced to spend over $100,000 on electronic record searches alone. READ MORE WHY CHOOSE AN EXPERT IN INTELLECTUAL PROPERTY LAW Mediation, in short, is an opportunity to discuss settling your lawsuit. The mediator acts as a neutral voice, often a voice of experience who has been through similar disputes in the past and can offer insight that advocates and those involved in the battle oftentimes have difficulty recognizing. A good mediator will help all parties understand the strengths and weaknesses of their case so the parties looks at the realistic outcomes before reaching a decision to settle or not to settle. The process is confidential, allowing the parties to have a frank and honest discussion without fear that what is said may be used against them. READ MORE EXPERIENCE AND RECOGNITION Orlando Magazine’s Best Lawyers When you need an attorney, you want someone with a strong reputation and a proven track record. The… Florida Trend’s Legal Elite Florida's Legal Leaders by Practice Area Winners of Florida Trend's Legal Elite - 2017 Super Lawyer Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained… Address: 255 South Orange Avenue, Suite 1401 Oriando, Florida 32801 1221 Brickell Ave, Suite 2400, Miami, FL 33131 Call : 407-841-2330 or Email : bgilchrist@allendyer.com Copyright © All Rights Reserved by Brian Gilchrist Web Design and Development by Paton Marketing * * Home * Experience * What is Mediation * Intellectual Property Disputes * The Mediation Procedure * Preparing for Mediation * The Selection of a Mediator * Patent Mediation * Trademark/Unfair Competition Mediation * Copyright Mediation * Trade Secret Mediation * Mediating a Breach of Contract Case * Why Use Mediation Services * Other Services Offered * Contact Us * Resources * 407-841-2330 * bgilchrist@allendyer.com * * Home * Experience * What is Mediation * Intellectual Property Disputes * The Mediation Procedure * Preparing for Mediation * The Selection of a Mediator * Patent Mediation * Trademark/Unfair Competition Mediation * Copyright Mediation * Trade Secret Mediation * Mediating a Breach of Contract Case * Why Use Mediation Services * Other Services Offered * Contact Us * Resources * 407-841-2330 * bgilchrist@allendyer.com