Save-the-Date: Stanford Law School Advanced IP/Tech Mediation and Arbitration Course - June 8-9, 2023

Dealing with lack of arbitrators’ lack of explanation and the doctrine of functus officio

The Supreme Court takes up the case of the allegedly infringing squeaky dog toy whiskey bottle.

Notice to owners of my book, Arbitrating Patent Disputes. Check new AAA commercial rules. n For arbitrations filed on or after September 21, 2022, you need to update rule references.

Manifest disregard is almost impossible to prove. What you can do to have an arbitration award reviewable for error in fact and law. But should you?

The Ninth Circuit confirms arbitrators’ nation-wide subpoena powers.

AAA has revised its Commercial Rules for the first time in over 8 years. See what’s been changed.

Federal Circuit rules AI device can’t be named as an inventor in a U.S. patent.

Supremes scuttle use of Cal’s PAGA to navigate around restrictions on representative actions

Prejudice to an opponent is not needed to find a waiver of arbitration rights.

Congress has cut back on arbitration in employment cases and may cut it back further. But it hasn’t yet.

The Act is signed by the President.

Congress amends the Federal Arbitration Act to allow plaintiffs to avoid mandatory arbitration of sexual assault and harassment claims

A “Person of Ordinary Skill in the Art” is mentioned so often in patent cases that he or she has an acronym: a POSA. This is because, in patent law, many of the most important issues are typically viewed from the perspective of a POSA, including claim construction, validity, and infringement. But just how is a POSA?

The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2022 List of the World’s Leading Technology Neutrals (the “Tech List“). California-based non-profit, SVAMC, promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes.

Taking non-party depositions by Zoom.

Things can get interesting when there are battling motions to confirm and vacate an arbitration award, depending on the timing.  Under the FAA and under many state counterparts to it, a motion to vacate an award must be brought within three months of the award being filed.  A motion to confirm must be brought within a year.  But what happens when the winning party seeks to confirm the award right away.  Does a party who wants to vacate still get three months to move to vacate?