Bass, Berry & Sims partners Terry Clark and Brian Iverson contributed a chapter on alternative dispute resolution (ADR) to the Patent Litigation Strategies Handbook, Fifth Edition. This comprehensive treatise, published by the American Bar Association’s (ABA) Section of Intellectual Property Law, gives practitioners insights on patent litigation from prelitigation issues and initial client counseling through the filing of the Notice of Appeal.
In their chapter, Terry and Brian discuss various types of ADR, including mediation, arbitration, early neutral evaluation, summary jury trial, and settlement conferences, highlighting specific considerations in patent disputes. Among other things, Terry and Brian outline the qualifications practitioners should seek in a neutral, the rules and procedures applicable to patent arbitration proceedings, how an arbitration award on infringement or invalidity may impact other cases involving the same patent, how the timing of mediation can impact likelihood of resolution, how ADR may be employed in connection with inter partes proceedings before the U.S. Patent and Trademark Office (USPTO), and whether tribunals are likely to stay proceedings while the parties engage in ADR processes.
The treatise is a comprehensive guide to the substance, procedure, and strategy for every phase of patent infringement litigation. The book explores the perspectives and strategies of both patent owners and accused infringers, providing updates on the most recent trends in patent litigation and winning strategies from a veritable who’s who of the country’s leading patent litigators.
The ABA’s Patent Litigation Strategies Handbook, Fifth Edition can be purchased on the ABA website.