Monthly Archives: May 2015

Arbitrating the Patent Case Part XII: The hearing schedule

In earlier articles in this series, we addressed the types of patent cases most likely to be arbitrated, formulation of arbitration clauses,  the federal statutes governing arbitration of patent matters, considerations regarding use of experts in arbitration, and the final pre-hearing schedule regarding pre-hearing exchanges of information as well as witness lists, document lists and … Continue reading Arbitrating the Patent Case Part XII: The hearing schedule

Arbitrating the Patent Case Part XI: the Prehearing Schedule

In this series or articles, we first focused on the patent cases most likely to be arbitrated, formulation of arbitration clauses, and some matters to be addressed during the prehearing conference.  We then took a slight diversion to examine federal statutes governing arbitration of patent matters.  After looking at considerations regarding use of experts in … Continue reading Arbitrating the Patent Case Part XI: the Prehearing Schedule

Arbitrating the Patent Case Part X: Experts

In earlier articles in this series we focused on the patent cases most likely to be arbitrated, formulation of arbitration clauses, and the prehearing conference.  We then took a slight diversion to examine federal statutes governing arbitration of patent matters. Because the prehearing conference shapes the arbitration process, to participate intelligently you will need to … Continue reading Arbitrating the Patent Case Part X: Experts

Arbitrating the Patent Case Part IX: Statutory provisions

In earlier articles in this series we looked at patent disputes most suitable for arbitration, choice of arbitrator, arbitration clauses to use and avoid, the prehearing conference, discovery, and prehearing matters such as claim construction and summary judgment.  Before we continue on, let’s stop to explore the statutes that specifically provide for arbitration of patent … Continue reading Arbitrating the Patent Case Part IX: Statutory provisions

Arbitrating the Patent Case Part VIII: More on the prehearing conference

In earlier articles in this series we looked at the types of patent disputes most amenable to arbitration, what to look for in choosing an arbitrator or arbitrators for the dispute, relatively foolproof clauses to make sure the matter actually goes to arbitration without having to fight about it in court, arbitration clauses that may … Continue reading Arbitrating the Patent Case Part VIII: More on the prehearing conference

Warranties Remedies and Related Peccadilloes

Steps to Successful Contract Negotiation What do you promise when you sell something? What rights might you give up when you buy? And who pays when things go wrong?  By Steven Kelley and David Allgeyer Purchases move fast in an electronically connected world, often without contracts or any other negotiated agreements. That’s fine when the … Continue reading Warranties Remedies and Related Peccadilloes

Arbitrating the Patent Case Part VII: The prehearing conference

In earlier articles in this series we looked at the types of patent disputes most amenable to arbitration, what to look for in choosing an arbitrator or arbitrators for the dispute, relatively foolproof clauses to make sure the matter actually goes to arbitration without having to fight about it in court, arbitration clauses that may … Continue reading Arbitrating the Patent Case Part VII: The prehearing conference

Arbitrating the Patent Case Part VI: Arbitration clauses to watch out for

In the last couple of articles in this series, we looked at arbitration clauses to use in patent cases.   These clauses will most likely be involved in license agreements, employee agreements, or product development agreements.  We noted that a good place to start is not simply the last arbitration clause someone in your office did, … Continue reading Arbitrating the Patent Case Part VI: Arbitration clauses to watch out for

Arbitrating the Patent Case Part V: Crafting the arbitration clause

In earlier articles in this series we examined the types of patent-related cases most suited for arbitration, whether to use administered arbitration, and the considerations for determining who to choose as an arbitrator.  In the last article, we began looking at drafting the arbitration clause itself.  I suggested it was not a good idea to … Continue reading Arbitrating the Patent Case Part V: Crafting the arbitration clause

Arbitrating the Patent Case Part IV: Crafting the basic arbitration clause

In earlier articles in this series we examined the types of patent-related cases most suited for arbitration, whether to use administered arbitration, and the considerations for determining who to choose as an arbitrator. In the next few articles we will consider drafting the arbitration clause for a possible patent arbitration.  As noted, that arbitration is … Continue reading Arbitrating the Patent Case Part IV: Crafting the basic arbitration clause