UIC Review of Intellectual Property Law

Citations to This Work

  • Colin Kennedy, An Economic Analysis Of Market Failures In Copyright Law: Iatrogenesis and The Fair Use Doctrine, 16 Wake Forest J. Bus. & Intell. Prop. L. 208 (2016)
  • Gidget Benitez, Mediation At The Court Of Appeals For The Federal Circuit, 7 Am. U. Intell. Prop. Brief 113 (2016)
  • Tyler Train, The Appeals of Patent Mediation: Are Incentives to Mediate Patent Disputes Reduced on Appeal?, 21 U.S.F. Intell. Prop. & Tech. L.J. 145 (2017)


In 2006, the United States Court of Appeals for the Federal Circuit implemented a mandatory mediation program for parties in all counseled cases, including intellectual property disputes. This program offers the parties incentives to settle, such as providing neutral mediators with intellectual property expertise at no cost to the litigants. This article explains how the Federal Circuit’s Mediation Program works and provides an overview of the Guidelines. This article concludes that the Federal Circuit firmly stands behind the mandatory mediation program for intellectual property disputes and believes the process can only serve to benefit all parties involved.