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Author : Eugene R. Quinn
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (428 download)
Download or read book Using Alternative Dispute Resolution to Resolve Patent Litigation written by Eugene R. Quinn and published by . This book was released on 1998 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : GRIN Verlag
ISBN 13 : 3656421846
Total Pages : 47 pages
Book Rating : 4.6/5 (564 download)
Download or read book Alternative Dispute Resolution in Patent Disputes written by and published by GRIN Verlag. This book was released on 2013-04-29 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,1, Berlin School of Economics and Law, course: Internationalisierung von Wirtschaftsprozessen, language: English, abstract: Major cell phone manufacturers Apple and Samsung are currently accusing one another of infringing patents relating to their smartphones. The lawsuits simultaneously being carried out in several countries across the world are a burden to both companies. Due to the fact that the two stand in a crucial business relationship with each other, an alternative dispute resolution model may be appropriate. Methods such as mediation, arbitration and expert determination may be suitable. Patents are part of intellectual property protection and have grown in importance over the last decades. They protect an invention and can only be granted if certain criteria are met. However, patent holders litigate patent infringements in order to protect their competitive position. Alternative Dispute Resolution offers advantages such as a single procedure, autonomy of the parties, neutrality, finality of awards, confidentiality as well as enforceability, and has been known as a method of resolution since the 1980s. De-spite this, most international disputes are carried out in court, even though companies are aware that a trial is the least beneficial method. In the past, Apple had successfully negotiated patent litigation with several competitors, but initial attempts at Alternative Dispute Resolution have failed in the case of Apple and Samsung. However, it can still be carried next to court to find common ground and identify economic needs and interests that may support court litigation and direct it towards a beneficial outcome for both. In addition, it is advisable to implement an early-stage conflict management model for the future.
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 4 pages
Book Rating : 4./5 ( download)
Download or read book Alternative Dispute Resolution for Disputes Related to Intellectual Property and Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-04-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.
Author : David L. Newman
Publisher :
ISBN 13 : 9781641050159
Total Pages : pages
Book Rating : 4.0/5 (51 download)
Download or read book Patent Neutral written by David L. Newman and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Patent and Trademark Office (USPTO) encourages participants to use alternative dispute resolution (ADR) processes during post grant proceedings to facilitate resolution of conflicts that have become exceedingly complex. The flexibility and benefits of ADR proceedings are based on the expertise of qualified neutrals such as experienced IP attorneys and former judges and magistrates who are uniquely equipped to evaluate IP issues and settle conflicts in a manner much more streamlined than a Patent Trial and Appeal Board (PTAB) proceeding.Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB describes how these neutrals can be engaged to help parties more efficiently decide IP conflicts, particularly proceedings at the USPTO. In this concise guide, Author David L. Newman covers all essential aspects of using ADR to resolve these disputes at the PTAB, including:The full use of mediation and arbitration during proceedings at the PTABResolution of technology issues present in ongoing IP mattersPTAB criteria that favor or disfavor the use of ADRManaging confidentiality issuesUse of special masters, and moreEmploying new ADR processes, such as alternative licensing resolution and patent small claims court resolution systems, to streamline patent assertion and monetization effortsAnd more
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4./5 ( download)
Download or read book Alternative Dispute Resolution Mechanisms for Business-to-Business Digital Copyright and Content-Related Disputes - Executive Summary written by World Intellectual Property Organization and published by WIPO. This book was released on 2021-09-07 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: This executive summary reveals the key findings from the WIPO-MCST survey on alternative dispute resolution (ADR) mechanisms to resolve business-to-business (B2B) disputes related to digital copyright and digital content.
Author :
Publisher :
ISBN 13 : 9780160950018
Total Pages : 102 pages
Book Rating : 4.9/5 (5 download)
Download or read book Patent Mediation Guide written by and published by . This book was released on with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.F/5 ( download)
Download or read book Patent Litigation written by and published by . This book was released on 1997 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280526251
Total Pages : 16 pages
Book Rating : 4.2/5 (85 download)
Download or read book Resolving IP and Technology Disputes Through WIPO ADR written by World Intellectual Property Organization and published by WIPO. This book was released on 2017-05-17 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although an IP dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to mediation, arbitration or other alternative dispute resolution (ADR) procedures.
Author : Wayne D. Brazil
Publisher : American Bar Association
ISBN 13 : 9781614383147
Total Pages : 0 pages
Book Rating : 4.3/5 (831 download)
Download or read book Early Neutral Evaluation written by Wayne D. Brazil and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This valuable guide is a tool to teach lawyers, litigants, and judges what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE.
Author :
Publisher :
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.:/5 (319 download)
Download or read book Resolving Technology and Media Disputes Before Trial written by and published by . This book was released on 2007 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David A. Allgeyer
Publisher : American Bar Association
ISBN 13 : 9781634259057
Total Pages : 172 pages
Book Rating : 4.2/5 (59 download)
Download or read book Arbitrating Patent Disputes written by David A. Allgeyer and published by American Bar Association. This book was released on 2017 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides a] road map of what to bear in mind when arbitration is being used to resolve patent issues. [It] covers everything from determining whether or not it is a good idea to include arbitration in a patent-related agreement, drafting the clause, kickstarting arbitration, how to conduct it, how to enforce or attack the award, and plenty of ground in between."--
Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (28 download)
Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark V.B. Partidge
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.F/5 ( download)
Download or read book Alternative Dispute Resolution written by Mark V.B. Partidge and published by Oxford University Press, USA. This book was released on 2009-06-18 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
Author : Aspatore Books Staff
Publisher :
ISBN 13 : 9780314979711
Total Pages : 324 pages
Book Rating : 4.9/5 (797 download)
Download or read book Patent Litigation and Dispute Resolution written by Aspatore Books Staff and published by . This book was released on 2007 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Litigation and Dispute Resolution is an authoritative, insiders perspective on key strategies for representing clients involved in a patent dispute from the standpoint of both plaintiffs and defendants. Featuring partners from some of the nations leading law firms, these experts guide the reader through the different phases of a patent case and the key considerations for each phase. These top lawyers reveal their advice on filing a suit, claim construction proceedings, discovery, and other important pre-trial stages. From understanding client goals to discussing settlement opportunities, these authors explain important factors in weighing litigation costs and developing a strategy that will be in line with the clients business objectives. Additionally, these leaders discuss litigation avoidance through effective licensing, key jurisdictional considerations, and the influence of recent developments and trends in patent law.
Author : Federal Judicial Center
Publisher :
ISBN 13 : 9781716555022
Total Pages : 94 pages
Book Rating : 4.5/5 (55 download)
Download or read book Patent Mediation Guide written by Federal Judicial Center and published by . This book was released on 2020-09-25 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation can be an effective tool in resolving simple to complex patent litigation. As the volume of patent cases has increased around the country, the number of experienced mediators and parties that have participated in the mediation process has also increased. This guide collects the knowledge of experienced judges, mediators, counsel, and parties to promote cost-effective, time-effective, and constructive dispute resolution. Much of the practical information contained within this guide was derived from interviews with federal judges, patent litigators, and in-house attorneys familiar with conducting patent mediations. These sources are not quoted directly so as to preserve anonymity with regard to their views on particular issues. This stage-by-stage and issue-by-issue guide supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediations when judges are managing patent cases. This supplement addresses issues specific to mediators (magistrate judges and private mediators) and in-house and litigation counsel.
Author : Alan W. Kowalchyk
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (656 download)
Download or read book Intellectual Property ADR Vs. Litigation written by Alan W. Kowalchyk and published by . This book was released on 2006* with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the benefits of alternative dispute resolution with regards to intellectual property cases as opposed to litigation.
Author : Theophile Margellos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041188215
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)
Download or read book Mediation written by Theophile Margellos and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes about intellectual property (IP) rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. This book is the first work of its type devoted to the practical A to Z of IP mediation. It is written in a reader-friendly style which makes it accessible to a wide readership. With numerous case study examples demonstrating the kind of challenges that arise and how they can be met, a team of internationally recognized mediators and IP experts offers in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: • disputes on trademarks, designs, patents, copyrights and other IP rights; • allegations of breach of contract; • licences and transfers; and • R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services which may be used to settle IP disputes. Showing how mediation offers a dispute resolution process at a human level where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them, the book will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees.
