Alternative Dispute Resolution for Patent Cases: The Eastern District of Texas, The Northern District of California, and The International Trade Commission

摘要

Alternative dispute resolution (ADR) is widely accepted as an efficient and often less-expensive method of resolving litigation. In the intellectual property (IP) area, ADR can be used to flexibly and quickly resolve complex disputes. By selecting ADR over litigation, parties enjoy numerous benefits unique to ADR, including: 1. confidentiality; 2. flexibility; 3. mutuality (the parties may maintain or formulate a lasting and mutually beneficial relationship); 4. effectiveness (the parties can save money and time by avoiding lengthy litigation); and 5. multiple jurisdictional resolution (the parties may simultaneously resolve many parallel disputes in other jurisdictions). Moreover, for patent holders, ADR prevents a judgment of patent invalidity. In addition, defendants can avoid potential treble damages and hefty attorney's fees associated with litigation.