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I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley Jul 2015

I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley

Akron Law Review

This article will discuss alternative dispute resolution in intellectual property disputes. A conceptual approach will be applied in an effort to better formulate the parties’ strategies towards litigation or alternative dispute resolution. Alternative dispute resolution (ADR) is a maturing area of the law, and its application to intellectual property disputes is complicated.1 These complications make any analysis difficult to organize. This article will discuss the underlying components of ADR and intellectual property disputes in a step-by-step fashion. Part I of this article discusses intellectual property rights and presents two conceptual interests underlying these rights. Deciding whether to litigate or pursue …