Category Archives: Patent Arbitration

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?

Arbitrating the Patent Case Part XXV: Appeals

In this series, we have been discussing patent arbitration.  The discussion has ranged from the benefits and drawbacks of arbitrating patent issues, to the statutory basis for patent arbitration, and from preparing and presenting your case at hearing, to attempts to vacate the award.  I had earlier promised to focus specifically on arbitration appeals and … Continue reading Arbitrating the Patent Case Part XXV: Appeals

Arbitrating the Patent Case Part XXIV: Modifying the Award

        We have been discussing arbitration of patent disputes from beginning to end in these articles. It’s been kind of a long slog, but we soldier on. In the last couple of articles we were looking at vacating the award altogether, a difficult proposition in most cases.  But what if a party … Continue reading Arbitrating the Patent Case Part XXIV: Modifying the Award