The resolution of an intellectual property dispute is a process. JAMS offers effective ADR options for complex, evolving IP matters before a dispute arises and at every stage of the litigation process, from discovery—including Markman proceedings— through settlement, trial or arbitration and appeals.
The JAMS Clause Workbook offers sample clauses and JAMS neutrals are available to speak to your firm or legal department about specific drafting considerations for IP agreements.
JAMS neutrals provide non-binding analysis of how trial judges, arbitrators or administrative agencies might respond to your case. Neutral analysis may include:
- Pre-filing assessment of possible claims
- Assessment of written materials such as briefs, documentary evidence or demonstrative exhibits
- Analysis of discreet issues, evidence, expert testimony or lines of reasoning
- Case valuation in preparation for a settlement conference or mediation
- Mock trials or mock hearings on critical motions in matters to be presented to trial or appellate judges or administrative agencies such as the ITC or PTO
JAMS general, discovery and e-discovery special masters are often asked to mediate one or more cases, rule on or mediate discovery and pre-trial disputes or assist in designing case settlement options.
JAMS mediators are well-versed in the unique issues at play in IP cases and understand both the monetary and non-monetary factors that impact settlement decisions.
JAMS arbitrators augment their deep subject matter expertise with ongoing training on the latest developments in IP law and ADR. Attorneys can count on them to make sound judgments under JAMS rules or under the rules of another provider.