Virtual Mediations and Patent Litigation: Lessons Learned and Best Practices

April 30, 2021 | Insights



By Hon. David Folsom & John M. Jackson

Mediation has always been an important part of patent litigation – especially in the Eastern District of Texas. Because of the COVID-19 pandemic, virtual mediations have become an important and successful way to resolve patent disputes. We have conducted or participated in more than 50 virtual patent mediations since the pandemic began, and these recommended best practices are based on our experiences over the past year.

To read more, view The Texas Lawbook article “Virtual Mediations and Patent Litigation: Lessons Learned and Best Practices” (subscription required).

Meet David

David Folsom was the chief judge of the U.S. District Court for the Eastern District of Texas and is a partner in the Trial & Appellate Litigation practice. David focuses on mediation and arbitration, specifically in mediating patent and complex commercial cases. He has completed the Mediation Skills Workshop and the Advanced Mediation Training presented by the Federal Judicial Center, as well as the Mediation Workshop at Harvard Law School.

Meet John

John M. Jackson has represented clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and in the International Trade Commission (ITC). John has served as trial counsel in more than 125 patent infringement lawsuits nationally and has handed matters before the ITC. In addition to his intellectual property practice, John co-chairs the Firm’s Cybersecurity Litigation Group and counsels clients concerning data privacy issues. He has earned certification as a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager through the International Association of Privacy Professionals.