Mediation

We focus our mediation services on intellectual property matters using a confidential dispute resolution system developed over the past 22 years.   The system focuses parties and counsel on identifying realistic boundaries and values of intellectual property rights in dispute, acknowledging the strengths and weaknesses of respective positions, and guarding the confidential mediation process against influences that unnecessarily distract, complicate and potentially derail resolution of the uncertainties, risks and costs of continued litigation.   When cases are appropriate for settlement or narrowing of issues, we work with parties and counsel to reduce agreements to writing the same day, whenever possible. Click here to view the calendar and schedule a mediation.

Michael J. Powell - Registered IP Mediator

In recent years, several top intellectual property law firms with offices in Atlanta have begun requesting Mr. Powell’s services as a mediator for IP cases.  To better serve these requests, Mr. Powell completed 40 hours of civil mediation training and registered as a neutral with the Georgia Commission on Dispute Resolution. Mr. Powell is also registered with the American Intellectual Property Law Association (AIPLA). Click here to learn more about the AIPLA ADR Neutral Registry.

Mr. Powell’s appreciation for mediation and arbitration began with his practice of construction litigation in the early 1990’s.  As a construction litigator, Mr. Powell participated in numerous mediations involving commercial business disputes and construction disputes involving business partners, owners, developers, contractors, subcontractors, lenders, insurance companies and suppliers. 

Over the years, Mr. Powell has enjoyed serving as counsel or an expert consultant in many mediations of IP cases pending before numerous trial and appellate courts throughout the United States.   With Baker Donelson, Mr. Powell enhanced his conflict resolution and leadership experience serving as an office managing shareholder, a founding member of the IP practice and the Atlanta Office, a leader of the IP litigation practice group, and a long-standing conflict committee member.  In these professional leadership roles, lawyers and firms have come to rely upon Mr. Powell to resolve conflicts that frequently arise.

Representative Mediation Experience

  • Trademark and Copyright Litigation - Successfully mediated resolution of federal case involving an alleged $30M damages.
  • Patent and False Advertising Litigation – Successfully mediated resolution of federal case involving fierce competitors selling food service equipment.
  • Patent and Antitrust Litigation – Successfully mediated narrowing of issues in dispute in federal case between former contracting parties involved in the development of software for supporting niche technology.
  • Trade Dress / Unfair Competition Litigation – Successfully mediated resolution of state court case for foreign vehicle parts manufacturer accused of unfair competition (trade dress), theft of trade secrets and unjust enrichment.
  • Patent Infringement Litigation – Successfully conducted mediation of patent infringement claims brought by foreign competitor against U.S. subsidiary and parent company.  
  • Copyright Litigation – Successfully served as consulting expert in mediating resolution of copyright infringement, breach of contract and conversion claims involving software. 
  • Patent Infringement Arbitration – Successfully obtained arbitrator’s decision to resolve patent infringement litigation between global hardware parts supplier and domestic hardware part manufacturer concerning products sold through national hardware retail stores.
  • Commercial and construction mediations – Successfully participated in numerous mediations involving commercial business disputes and construction disputes involving business partners, owners, developers, contractors, subcontractors, lenders, insurance companies and suppliers.