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Enter the Mind Mediate

Jan./Feb. 2009

Best 150 Lawyers Profile: Jack Waddey

Waddey & Patterson principal Jack Waddey, along with fellow BusinessTN Best Lawyer Mark Patterson, leads the Music City's only intellectual property boutique law firm. In recent years, Waddey has emerged nationally as a mediation expert in intellectual property disputes, a unique niche requiring a special skill set. High-profile mediations over the past year or so have included Block Financial v. Lending Tree (a patent case), POM Wonderful v. Geni, Inc. (a trademark dispute); Three Rivers Planning & Development District v. eManageLaw (a software dispute); St. Francis v. Methodist Hospital (a Certificate of Need, or CON, dispute); Betz v. Signature Homes (an architectural plans copyright case); Mettler-Toledo, Inc. v. Fairbanks Scales (a patent dispute); and Kroll v. Bartholomew (a business breakup dispute).

IP litigation can be very expensive. According to IPFrontline, a magazine covering intellectual property and technology, the median cost of a patent case can range from $1 million to $4 million, depending on the amount of controversy. Opposing sides in such cases can usually forget about preserving any kind of a relationship following a court ruling. And once before a judge and jury, confidentiality is out the window. So, too, is any chance of a speedy settlement. No wonder statistics show that over 95% of patent cases are settled through mediation before reaching court.

Waddey's IP work has extended from the office to the home. It should come as no surprise that Waddey's daughter, Kendall--her head no doubt filled with dinner conversations about copyrights and patents and such--would have the inspiration and inclination to design a signature new product for teen girls and sell it nationally. More remarkable is the age at which Kendall Waddey completed her feat--13. As related on her Web site, it all started when Kendall experienced frustration in an Iowa airport trying to identify her luggage on a carousel.

"Like Luggage," her resulting colorful, polka-dotted product, ranges from rolling carry-ons to drawstring backpacks, duffel bags and accessory cases.

Pity the fool who tries to dupe Kendall Waddey's luggage designs and produce a knock-off.

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