In earlier articles and in my book, Arbitrating Patent Disputes, I began to look at the interplay between post-grant proceedings at the Patent Office’s Patent Trial and Appeal Board (PTAB) and arbitration. The initial question was, “why not just settle patent disputes at the PTAB?” PTAB review can provide a relatively quick and inexpensive way … Continue reading Arbitration and the PTAB
Today we venture into the interesting and somewhat perplexing land of copyright law and the internet. Copyright basics Most folks understand the basics of copyright law. The creator of an original work owns the right to it. Others are forbidden from, among other things, copying it and selling it. Everyone knows you can’t buy the … Continue reading Copyright and Embedded Images: Okay in California – maybe not so much in New York
Time now for an update. In an earlier article, we explored whether the recent Supreme Court decision in United States v. Arthrex, Inc. affected whether or not parties should forego arbitration of patent disputes in favor or going to the Patent Office in an inter partes proceeding put in place by the American Invents Act. … Continue reading Arbitration, the PTAB, and the Supreme Court: A Quick Update
If you must go to court to see whether you are going to arbitrate your dispute, you have lost at least part of a key advantage of arbitration: saving time and money by avoiding court. The thing that is mostly likely to put you in court is a poor arbitration clause. Today we focus on … Continue reading Mediate then Arbitrate? Well, then maybe neither.
A recent case demonstrates how you can lose key advantages provided by arbitration when it isn’t clear who is to decide whether claims are arbitrable. Let’s see what lessons we can draw from the case, Glacier Park Iron Ore Properties, LLC, v. United States Steel Corporation, No. A19-1923 (Minn. June 30, 2021). The advantages of … Continue reading Arbitrate or Go to Court? Who Decides?
An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. Arbitrators must keep secrets Under the rules of most arbitral organizations and under ethics rules for arbitrators, the arbitrator must keep things confidential. E.g., AAA Comm’l Rule 25 (“The … Continue reading Commercial Arbitrations: Private, But Not Always Secret
In my book, Arbitrating Patent Disputes, A Practical Guide (ABA Books), one of the first issues I deal with is whether parties should agree to use arbitration to resolve disputes. There are many good reasons to use arbitration to resolve patent disputes, including lower expense, faster resolution, ability to help pick the decision-maker, finality, privacy, … Continue reading Arbitration, the PTAB, and the Supreme Court
Please join us for the ABA’s Arbitration Training Institute – online! The faculty will be covering virtually all aspects of arbitration from the preliminary hearing, to the hearing, the award, and beyond – including online arbitration. Who Should Attend? ■Litigators wanting to better utilize arbitration ■Experienced and new arbitrators seeking better understanding of recent developments … Continue reading ABA’s 14th Annual Arbitration Training Institute: June, 2021
On February 22, the ABA House of Delegates passed Resolution 100 in support of arbitration of business-to-business (“b-to-b”) disputes. This is an important recognition by the American Bar Association of the benefits and importance of arbitration to resolve these disputes. It reads: RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business … Continue reading ABA House of Delegates Passes Resolution in Support of Commercial Arbitration
Here is the latest from the Silicon Valley Arbitration and Mediation Center. I am delighted to be included on the list again this year. SVAMC Releases 2021 List of the World’s Leading Technology Neutrals The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2021 List of the World’s Leading Technology Neutrals … Continue reading SVAMC 2021 Tech List