ADR advocacy, strategies, and practices for intellectual property and technology cases

Considering the large number of intellectual property cases that settle and the financial and business risks thereby avoided, specialized knowledge and experience in ADR is a must. This state-of-the-art book explains the strategies, skills and practical expertise necessary to apply ADR in the simplest to most complex IP case. This is a practical guide for attorneys (both in-house and outside) who represent clients in ADR processes as well as for counsel who do not regularly do so. It is also a resource for transactional attorneys who draft and negotiate pre-dispute resolution clauses, for business executives with IP and technology assets, and for mediators and arbitrators who practice in the IP/technology arena. ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Disputes offers collected wisdom from current or former jurists, neutrals, clients, professors, trial and transactional attorneys, and in-house counsel. With this wide-ranging expertise, the chapter authors consider all relevant perspectives in the ADR process: the attorney, the client, and the neutral. Following an overview of the practical uses of ADR in IP cases, authors focus on specific elements of employing ADR in the intellectual property legal arena, including: - Issues related to drafting- Early case assessment- Mediation- Use of a special master- Arbitrating technology cases- Mediating patent cases in the Federal Circuit's mediation program- The strategic use of the U.S. International Trade Commission for enforcing and resolving IP disputes, and moreAdding to the book's utility for practitioners, the concluding chapter considers an array of tools that can be used to persuade, evaluation, and communicate in ADR proceedings and aid client decision making. These tools can be used to screen disputes for ADR and select neutrals; evaluate options for resolving disputes; convey information to foster communication; mathematically determine division of property; and facilitate settlement negotiations.

Putting ADR to work in IP disputes: when and how to do it / James F. Davis -- Forward-looking ADR agreements : an ounce of prevention is worth many pounds of cure / Frank L. Politano -- Early case assessment: a strategic tool for the early resolution and management of intellectual property and technology cases / Cynthia Raposo and Harrie Samaras -- Initial damages assessments: focusing early on things that count but cannot be counted / Carol Ludington -- Mediation : one judge's perspective (or infusing sanity into intellectual property litigation) / Magistrate Judge Mary Pat Thynge -- Preparing to successfully mediate intellectual property and technology disputes : a guide for counsel and clients / Kevin Rhodes -- Advocacy in IP/technology mediations : design, preparation, and strategy -- Merriann Panarella and Harrie Samaras -- The skillful appellate mediation advocate : mediating intellectual property cases at the Federal Circuit / J. William Frank, and Harrie Samaras -- The USITC : an alternative approach (not just an alternative forum) for resolving intellectual property disputes / Hon. Theodore R. Essex, Lisa R. Barton, James R. Holbein -- Arbitrating technology cases : considerations for businesspeople and advocates / Michael H. Diamant, Stephen P. Gilbert, Laura A. Kaster, and Harrie Samaras -- UDRP proceedings : how advocates can put their best foot forward / Dina Leytes and Harrie Samaras -- Mastering the use of a special master in intellectual property litigation / Don W. Martens and Gale R. (Pete) Peterson -- Tools useful to persuade, evaluate, and communicate in ADR proceedings -- Kevin R. Casey.