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    Media Reports on Arent Fox Counsel's Mediation in “Bratz” Copyright Infringement Settlement

    May 23, 2008

    The Daily Journal — the largest provider of legal news in California — and American Lawyer magazine's Am Law Daily Web site reported  this week on Arent Fox counsel Pierre-Richard Prosper’s successful mediation of a settlement agreement in a lawsuit filed by Mattel Inc. against a doll designer who allegedly created the popular “Bratz” dolls while employed at Mattel and then gave the designs to rival toy maker MGA Entertainment Inc.

    The settlement between Mattel, which manufactures the “Barbie” doll, and former employee Carter Bryant was announced at a hearing before Judge Stephen Larson of the US District Court for the Central District of California.

    According to the Daily Journal, Ambassador Prosper, who negotiated the settlement, told Judge Larson the agreement was “fair and appropriate” and “there is no admission of wrongdoing” between Mattel and the former employee.

    The settlement came just as jury selection was about to begin in the nationally watched copyright infringement suit filed by Mattel against Bryant and MGA, in which Mattel claims it is entitled to profits generated by sales of the popular “Bratz” line of dolls.

    The Daily Journal reported that while informing the court about the settlement between Mattel and Bryant, Ambassador Prosper also stated his hope that the remaining parties may also settle.

    “Both parties believe in the merits of their cases,” Ambassador Prosper told the judge. “I believe there is a settlement out there that can be reached. There are minds that can be changed.”

    After the hearing, Ambassador Prosper repeated his hope for a settlement, telling a reporter from American Lawyer, “While they’re in trial I will stay engaged. It is a long trial with different phases. As I said in court on Tuesday, I believe there is a settlement out there.”

    Judge Larson brought Ambassador Prosper into the case last fall to oversee settlement negotiations between all three parties.

    “The judge and the parties thought my international experience mediating and negotiating armed conflicts would translate here,” Ambassador Prosper told Am Law Daily.

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