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“Initial Damages Assessments: Focusing Early on Things that Count but Cannot be Counted

ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition, American Bar Association, 2017

 “The Sedona Conference Commentary on Case Management of Patent Damages and Remedies Issues: Section on Patent Damages Hearings” (Contributing Editor) 

The Sedona Conference, May, 2017, Public Comment Version

Med-Arb: If the Parties Agree”

Yearbook on International Arbitration and ADR, Volume V, Spring 2017

“The Sedona Conference Commentary on Patent Litigation Best Practices: Patent Mediation Chapter” 

The Sedona Conference, April 2017, Public Comment Version

“Refocusing the Damages Analysis in Patent Suits: New Techniques & ADR Options For Litigants & Damage Experts”

American Bar Association Section of Intellectual Property Law 29th Annual Intellectual Property Law Conference, Spring, 2014

“Regardless of the realistic damages magnitude, most patent disputes are conducted using traditional practices, including written discovery, numerous fact depositions, exchanges of thousands of documents, e-discovery, Markman hearings, expert reports, expert depositions, motions, hearings and trial. The costs of litigation consume much or all of many damage awards. . . .Too often, the realistic potential benefits do not justify the costs. For parties without sufficient resources, these litigation costs may make dispute resolution, and patent enforcement, inaccessible. However, there are alternatives to these costly practices. . .”

“If We Ignore It Maybe It Will Go Away”

ABA Section of Dispute Resolution, Just Resolutions e-News, Spring 2014

“Perhaps the dispute will resolve before we have to spend any time or money on damages.”

“We can reduce costs by doing the same things we’ve always done. We’ll just do them faster and cheaper.”

“Run, run, as fast as you can.”

Although these are common approaches to patent damages, they are not effective approaches.. . .”

“Patent Litigation – One Size Does Not Fit All”

ABA Section of Dispute Resolution, Just Resolutions e-News, May 2013

“I often hear the suggestion that the way to make patent litigation less expensive is simply to do the same things that are typically done, but do them faster and cheaper. But this merely nibbles around the edges of these costs. Instead of this one-size-fits-all approach, why not tailor the dispute resolution process to each particular case and better match the costs to the potential rewards? . . .”