James Amend

James Amend

JAMS, The Resolution Experts

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Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more

11/3/2014 - Confidentiality License Agreements Mediation Patent Infringement Patent Litigation Patents

Effect On Settlement Of Post-Grant Patent Review Proceedings

The recent America Invents Act both modified and created procedures for challenging patents in proceedings before the United States Patent and Trademark Office (PTO) after they have been issued, which are called post grant...more

8/20/2014 - America Invents Act Covered Business Method Proceedings Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Post-Grant Review Prior Art Settlement USPTO

Change in Standards for Attorney Fee Awards in Patent Cases

Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional”...more

6/13/2014 - Attorney's Fees Exceptional Case Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Implications for Mediation of Patent Infringement Suits from Investors in Patentees Case

Most mediators will agree that a key to reaching a settlement is to have the right people in the room at the mediation. Unless all interested parties are represented by people having the authority to settle on their...more

3/20/2014 - Mediation Patent Infringement Patent Litigation Patents

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