Santa Clara Bar Association
December 12, 2018
12:00PM-2:00PM
Program Description:
This panel of experienced technology litigators, mediators and a federal judge will focus on best practices in the timing, case assessment, presentations, settlement moves and final agreements and documentation in mediations involving trade secret misappropriation and patent infringement.
Topics:
- When is the right time to mediate trade secret and patent infringement cases
- Case assessment of liability and valuation of various damages scenarios
- Who should attend and dealing with attorneys' eyes only protective orders
- Effective mediation memoranda, pre-hearing conferences and oral presentations at the mediation
- Opening offers and settlement moves, avoiding or breaking impasse and closing the deal
- Final settlement agreements and documentation: monetary payment calculations, potential licensing terms, business relationships, equitable remedies and release versus covenant not to sue