ADR Advocacy, Strategies, and Practice for Intellectual Property Cases

ebook

By Harrie Samaras

cover image of ADR Advocacy, Strategies, and Practice for Intellectual Property Cases

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Considering the large number of IP cases that settle every year and the significant financial and business risks this avoids, specialized knowledge and experience in the practice of ADR is a must. This updated and expanded guide will help you learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes.

From negotiating agreements with dispute resolution clauses, counseling clients about ADR, and evaluating the terms of settlement, this must-have resource combines the wisdom of attorneys, neutrals, judges, academics and clients to give you the strategies and practical expertise for applying ADR in the simplest to most complex IP cases.

Topics include:

  • Uses of ADR in IP and technology disputes
  • Drafting pre-dispute ADR provisions in IP agreements, including sample clauses
  • Early case assessment analysis to better manage a dispute
  • Initial damages assessments
  • Mediation and how to prepare for it
  • Making the decision to mediate and how to prepare for success
  • The Federal Circuit's mediation program for patent cases
  • Arbitrating technology cases
  • Using the U.S. International Trade Commission for enforcing and resolving disputes
  • Elements of a successful UDRP proceeding
  • Using a special master
  • Practical tools for using ADR
ADR Advocacy, Strategies, and Practice for Intellectual Property Cases