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
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.
The article Harrie Samaras and I wrote for ABA’s Landslide Magazine is now available on line. It is based in part on my ABA IP book, Arbitrating Patent Cases, A Practical Guide, and Harrie’s book ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition. Both are available at shopaba.org and on Amazon. … Continue reading ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations
The cases reflecting distrust of arbitration — at least in a person versus corporation dispute — continue from the New Jersey courts. Just a couple of days ago, I noted a recent New Jersey case which found the parties had not reached a “meeting of the minds” on arbitration, leading the appellate court to reverse … Continue reading Another Day, Another Arbitration Clause Problem
In an earlier article and in my recent ABA book, Arbitrating Patent Disputes, a Practical Guide, I addressed whether it was a good idea to include an administrator, such as AAA, CPR, or ICDR, in your arbitration clause. Now there is another reason for your arbitration clause to designate an administrator. The clause may … Continue reading Administered Arbitration: Getting to be an even better idea