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...
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.
- 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
"The second edition of Harrie Samaras’s thought-provoking and instructive book tackles effective advocacy, strategies, and practices in using alternative dispute resolution in intellectual property and technology cases. It continues with the first edition’s perspectives from those of the client, outside counsel, and neutral—now adding new and significantly updated chapters addressing these topics: drafting ADR clauses; initial damages assessments; advocacy in mediation; arbitrating IP and technology cases; advocacy in UDRP cases; and the use of special masters in IP cases."
"ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition recognizes the importance of having core competencies in representing clients in ADR proceedings involving IP and technology issues, and instructs its broad audience in how to achieve them. The book 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 and for mediators and arbitrators who practice in the IP/technology arena. Ms. Samaras is the perfect author and editor: an experienced and well-credentialed mediator, arbitrator, and evaluator in U.S. and international IP and technology cases. For this new edition she taps the collective wisdom of ADR neutrals, attorneys, judges, and academics experienced in ADR processes.
- Neil A. Smith and Jack C. Goldstein