Rarely do arbitration issues remind me of a Beatles song, but today’s issue does. Remember I’m Looking Through You from Rubber Soul? Well, whether a court will do that or not may change where you decide to enforce or challenge an arbitration award. Which court? As I explained in my book, Arbitrating Patent Disputes, A … Continue reading I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards
The ABA GPSOLO Magazine just published a recap of an article Harrie Samaras and I wrote for the ABA IP Section Magazine, Landslide. Click above to download and read it. I hope you find it of interest!
Consider whether the new claim construction standard at the PTAB should affect your consideration of agreeing to arbitrate patent disputes.
In the last article, we looked at a recent Eleventh Circuit case that took a fairly narrow view of arbitral subpoenas, Managed Care Advisory Group, LLC v. Cigna Healthcare, Inc., No. 17-13761 (11th Cir., September 18, 2019). There the Court overturned a district court’s order enforcing an arbitral subpoena, called a “summons” by the Court, … Continue reading Arbitral Subpoenas: Where to Issue and Enforce Them
In earlier articles and in my book, Arbitrating Patent Disputes: A Practical Guide, we have focused on subpoenas in arbitration. The main messages are these: plan ahead and know the rules of your jurisdiction. This message has been reinforced recently by the Eleventh Circuit‘s narrow reading of the Federal Arbitration Act. We’ll get to that … Continue reading Arbitral Subpoenas: Planning Required – and Maybe a Trip
For a dispute resolution system to work, it is critical that the decision-maker be fair and impartial. No one will trust a system that doesn’t seek to ensure that is the case. This is true for both judges and arbitrators. But the way that plays out in the real world for judges and arbitrators isn’t exactly the … Continue reading Impartiality and Disclosures of Judges and Arbitrators
I am pleased to report that SVAMC is cooperating with Stanford Law School to present an intensive two-course on the using arbitration and mediation to resolve tech and patent disputes. This course features lecture and interactive segments and is designed for experienced lawyers. The faculty will include distinguished Stanford educators, counsel for prominent tech companies, … Continue reading Upcoming Tech ADR Course at Stanford Law School
Trademark and service mark licensees had an uncertain life. In some federal courts, a bankrupt licensor could just reject the license and revoke it. But in others, that didn’t work. The Supreme Court has now resolved the split. Rejecting executory licenses The Bankruptcy Code generally provides that a debtor has the option of assuming or rejecting executory contracts. Executory contracts … Continue reading The Supreme Court, bankruptcy, trademarks and service marks
The Silicon Valley Arbitration & Mediation Center (SVAMC) has released its 2019 List of the World’s Leading Technology Neutrals (the “Tech List”). SVAMC promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes. The Tech List named 54 professionals this year. For more information on SVAMC and the … Continue reading SVAMC announces 2019 Tech List
At one time, some courts didn’t think arbitration was the right way to resolve disputes. Arbitrators didn’t need to be lawyers, and they often didn’t approach things the way a court would. To those used to the way courts decide disputes, arbitrators’ way of deciding disputes could seem, well, arbitrary. And so, many courts were … Continue reading Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.