Alternative dispute resolution

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Provide which ADR(Alternative Dispute Resolution) option would work best in all of the given situations and why you feel that way. And submit.

A rather wacky scientist comes to your office and complains that MegaBuck Manufacturing’s new product, the “Whatchamacallit,” infringes on his patent for the “Thingamajig,” his prized invention. Whatchamacallits (not the candy bar) are selling like crazy right now, but everyone knows that they are a fad for teenagers and the popularity won’t last long. After doing your research and consulting with several experts, you are convinced that the Whatchamacallit really does infringe on the Thingamajig patent, but the infringement is so technical and complicated that it will be very difficult or impossible to persuade the average juror. In addition to the problems persuading the jury, you know that patent litigation will take years and cost a fortune that your client probably doesn’t have. MegaBuck Mfg has completely denied liability for the infringement and you don’t think they will voluntarily acknowledge that they owe your client damages. You consider filing suit and asking the trial judge to refer your case to ADR. What ADR method would you recommend and why? What are the strengths and possible weaknesses of ADR in a situation like this one and how would you advise the parties when preparing for ADR?

Reference no: EM132210322

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