Monthly Archives: April 2015

Arbitrating the Patent Case Part III: Who should arbitrate?

In the first two articles in this series we explored the types of patent cases most likely to be amenable to arbitration, whether to opt for administrated or ad hoc arbitration, and whether to provide for a panel or a single arbitrator.   The next decision to make is what the qualifications of the arbitrator or … Continue reading Arbitrating the Patent Case Part III: Who should arbitrate?

Arbitrating the Patent Case Part II: How many arbitrators?

In the first article in this series, we considered the types of patent cases most likely to be arbitrated.  With a few exceptions, your patent dispute will not be arbitrated unless  the parties have a contractual relationship — such as a license agreement, employment agreement or development agreement – and provide for arbitration.  If the … Continue reading Arbitrating the Patent Case Part II: How many arbitrators?

Arbitrating the Patent Case Part I: Should our contract provide for arbitration and of what sort?

Arbitration can provide significant advantages for patent disputes.  As most patent litigation counsel know, patent cases are among the most expensive cases to litigate. This is so for a number of reasons.  There is normally a need for highly qualified technical and financial experts.  Evaluating and gathering facts regarding the validity and infringement of patents … Continue reading Arbitrating the Patent Case Part I: Should our contract provide for arbitration and of what sort?

Mediating the IP Dispute Part VI: Memorializing the outcome

In the first five articles of this series, we explored the initial phases of the Intellectual Property mediation session through the time when the parties appear to have reached a settlement.  In this final article, we will explore the importance of documenting the settlement as fully as you can right at the mediation  In fact, … Continue reading Mediating the IP Dispute Part VI: Memorializing the outcome

Mediating the IP Dispute Part V: The Session Continues

In the first four articles in this series we explored the importance of timing the mediation in intellectual property disputes, mediator selection, preparation for the mediation session, and the beginning phases of the mediation session itself.     We will now begin to address issues that may arise later in the mediation session.  As the session … Continue reading Mediating the IP Dispute Part V: The Session Continues

Mediating the IP Dispute Part IV: The Mediation Session

In the first three articles in this series we explored the importance of timing the mediation in intellectual property disputes, mediator selection, and preparation for the mediation session.  Timing can be critical to a successful mediation.  It involves balancing the need to have enough information for the parties to intelligently discuss resolution with the cost … Continue reading Mediating the IP Dispute Part IV: The Mediation Session