Alternative Dispute Resolution in Patent Cases

07/29/2010

Haynes and Boone partner David McCombs presented "Alternative Dispute Resolution in Patent Cases" to the State Bar of Texas Advanced Patent Litigation Course on July 29-30, 2010 in San Antonio Texas.

Like all litigation, most patent cases settle before trial.1 Given that, the effective use of alternative dispute resolution (ADR) is an important and often underemphasized component of patent case management. Many jurisdictions with heavy patent litigation dockets, including the Eastern District of Texas and the Northern District of California, have court-sponsored ADR programs that either encourage or require parties to participate in some form of ADR. Based on a series of interviews with in-house counsel, litigators, mediators, and judges, this paper explores their views and best practices for efficiently resolving patent cases.

To continue reading the paper or to view the presentation slides, click on the PDFs linked below.

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1 Peter S. Menell et al., Patent Case Management Judicial Guide 2-38 (2009) (available at http://ssrn.com/abstract=1328659).

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