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?
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
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
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)
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?
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
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
In earlier articles in this series we focused on arbitrating patent disputes. We began with the advantages and disadvantages of arbitrating patent matters, arbitration clauses, pretrial matters, the hearing, confirming the award, and attacking the award under the Federal Arbitration Act (“FAA”), among other things. We will now have a look at grounds for attacking … Continue reading Arbitrating the Patent Case Part XXIII: Non-Statutory Attacks
In earlier articles in this series we followed arbitration involving patent matters from drafting the arbitration clause through the award, motions to “reconsider” the award and, finally a motion to confirm the award. We now arrive at attacks on the award. The standard that applies to review of an arbitration award is much more rigorous … Continue reading Arbitrating the Patent Case Part XXII: Attacks on the Award
In past articles, we have been exploring various aspects of arbitrating a patent case. These included 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 exchanges of information as well as witness lists, document … Continue reading Arbitrating the Patent Case Part XIV: Sequestration at the hearing