https://lkmnsorgedhang.blogspot.com/?book=163425905X
Patent litigation is increasingly prevalent today, but this use of the courts to resolve disputes makes the process significantly more expensive for the client, sometimes prohibitively so. While historically patent damages can often be robust, many patent disputes can't bear the level of expense that comes with the territory of a jury trial in federal court. Arbitration can provide a productive path for getting smaller cases resolved so that the entry fee doesn't end up being more than the prize. According to author David A. Allgeyer, who has more than three decades of experience in patent litigation, arbitration of patent issues offers real benefits in the right circumstances. In his book, Arbitrating Patent Disputes: A Practical Guide, Allgeyer provides a practical, clear, step-by-step guide to arbitration, covering everything from evaluating whether it makes sense to include arbitration in the patent-related agreement, to drafting the clause, pre-hearing preparation, presenting the most robust case during the hearing, enforcing or attacking the award, and handling appeals. Ultimately, the real advantage of patent arbitration is that it avoids complication. While the disputes themselves are about something that is inherently complex - patent law and technology -in a typical patent arbitration the parties will spend about 10 percent of their time and resources on the procedural aspects of the case, and the rest of the merits. Using this book as a guide, having a well-drafted arbitration clause, selecting a skilled arbitrator, and ensuring that participants create am arbitration process that makes sense for the case, all parties can focus on the real issues of the case and achieving an equitable outcome.
