Category Archives: Patent Arbitration

Judges, Arbitrators, and the Internet

Judges and arbitrators are in the information business. They want to get the decision right. And they need information to make the right decision. Usually, the information is provided by the parties in a closed system. Only the record counts. But sometimes the information provided isn’t enough, and the decision maker knows it. It is … Continue reading Judges, Arbitrators, and the Internet

ABA Webinar series begins March 14th 2018

Setting the Stage for a Successful Commercial Arbitration Announcing a series of webinars on use of ADR in commercial, technology, and IP disputes. The first webinar is set for March 14, entitled: “Setting the Stage for a Successful Commercial Arbitration.” This first part of a two-part series provides practical guidance on representing parties in the … Continue reading ABA Webinar series begins March 14th 2018

New Data About Arbitration: It’s Faster

In past articles, I’ve discussed the attitude lawyers may have to arbitrating business disputes. Some hate it.  They simply do not believe that arbitration actually saves time or money.  They will tell you their experience is that it is still as expensive as litigation and takes just as long.  Courts are almost free, they note, … Continue reading New Data About Arbitration: It’s Faster

Arbitration Clauses: Watch State Law

 In past articles, we have discussed how many courts once were hostile to arbitration. This led Congress to pass the Federal Arbitration Act (“FAA”), 9 U.S.C.§1 et seq., in 1925.  That Act applies in both state and federal courts and preempts any inconsistent state law in cases that involve interstate commerce.  The FAA provides, simply, … Continue reading Arbitration Clauses: Watch State Law

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?

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

Using Arbitration to Resolve Your Patent Dispute: The Right Thing for the Right Case

I was recently honored to have an article published in the Federal Bar Association’s publication, The Resolver, entitled Using Patent Arbitration to Resolve Your Patent Dispute:  The Right Thing for the Right Case.  The article starts on page 9.  I hope you find it of interest.  Here is a link: http://www.fedbar.org/Image-Library/Sections-and-Divisions/ADR/Resolver-Spring-2016.aspx You will also find … Continue reading Using Arbitration to Resolve Your Patent Dispute: The Right Thing for the Right Case

Arbitrating the Patent Case Part XXVII: The Big Picture (Finally)

In this series of articles, we have been considering patent arbitration.  We began with what types of patent-related cases are most suitable for arbitration.  We then considered whether arbitration was likely to be a good idea in a given context and, if so, how to most effectively assure the case will be arbitrated.  We then … Continue reading Arbitrating the Patent Case Part XXVII: The Big Picture (Finally)

Patent Arbitration Part XXVI: Why Not Just Go for USPTO Review?

Post-grant review and Inter Partes Review now offer efficient ways to challenge a patent subject to such review. In a sort of administrative trial, the Patent Office will re-evaluate whether the patent is valid based on prior art and other issues often invoked to attack the validity of patents. The process is relatively quick and, … Continue reading Patent Arbitration Part XXVI: Why Not Just Go for USPTO Review?