Description

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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.

About the Author

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Harrie Samaras is a full-time neutral in her own practice in West Chester, Pennsylvania, where she focuses on arbitrating and mediating intellectual property and technology disputes involving U.S. and international parties. She also consults in the area of alternative dispute resolution, including developing conflict resolution programs for organizations; teaching; and training.