From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

I was honored to have a chance to work with Magistrate Judge Jeff Keyes on a recent article published in Just Resolutions eNews presented by the Intellectual Property Law Committee of the ABA.  Here is the intro to the article, with a link to the rest.  I hope find it of interest: Preparing for Mediation … Continue reading From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

Two very recent decisions by the United States Supreme Court have eliminated some of the advantages to which patent holders have become accustomed in the last few decades. Goodbye Texas The first is TC Heartland v. LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (May 22, 2017).  Sixty years ago, the Supreme Court decided … Continue reading The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

Arbitration Potholes: One Party Won’t Provide Discovery

In the recent series of articles we have been looking at what I call commercial arbitration “potholes.”  These are issues that come up during arbitration infrequently, but can be tricky and distract us from the merits when they do.  If we see them coming, we can usually find a way to work around them and keep things … Continue reading Arbitration Potholes: One Party Won’t Provide Discovery

The Arbitration Debate: Does It Affect Commercial Arbitration

Arbitration has been in the news a fair amount lately. The Supreme Court has been quite friendly to arbitration, deflecting attacks against arbitration clauses — often characterized by detractors as “forced arbitration” —in consumer setting. For example, in AT&T Mobility LLC v. Conception, 563 U.S. 333 (2011), the Supreme Court made it clear that the … Continue reading The Arbitration Debate: Does It Affect Commercial Arbitration

Commercial Arbitration Potholes: Cross-examination

Arbitration has replaced litigation for many disputes. That isn’t likely to change as litigation costs go up and arbitrators continually work to make arbitrations more efficient and effective.  So, if you are involved in commercial litigation, there is a good chance you will be more and more involved in arbitration of disputes. Arbitration looks quite … Continue reading Commercial Arbitration Potholes: Cross-examination

From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes

I recently had an article I wrote, “Using Arbitration to Resolve Patent Disputes: The Right Thing for the Right Case”  published in The Federal Lawyer, The Magazine of the Federal Bar Association.  It begins: Patent litigation can be really expensive. The 2015 Report of theEconomic Survey, for example, reports an average cost of $873,000 for … Continue reading From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes

Efficient Commercial Arbitration: Consider the Form of the Award

  Not long ago, I was on a CLE panel addressing innovations in arbitration. We discussed a number of innovative techniques in arbitration, including “document only winnowing,” “separate common ground,” self-executing concessions, “hot-tubbing” of experts, and other exotic sounding things, many of which provide the promise in the right arbitration to save time and get … Continue reading Efficient Commercial Arbitration: Consider the Form of the Award

Efficient Commercial Arbitration: À La Carte Services

In a recent post on how to make arbitration more efficient, I suggested that avoiding administered arbitration was generally not a good way to go. Included among the reason not to skip administration were: (1) AAA provides access to experienced, well-qualified arbitrators and a well-defined process for selecting them, (2) someone needs to determine challenges … Continue reading Efficient Commercial Arbitration: À La Carte Services

Commercial Arbitration: Avoiding Potholes on Damages

We have been addressing some of the tricky issues that can come up in commercial arbitration — which I’ve been calling “potholes” — and how to address them. This time, let’s take up damages. The situation Consider this situation. You are the arbitrator.  The Claimant is seeking royalty payments under a license agreement on a … Continue reading Commercial Arbitration: Avoiding Potholes on Damages