Category Archives: Patent Arbitration

Arbitral Subpoenas: Where to Issue and Enforce Them

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

Arbitral Subpoenas: Planning Required – and Maybe a Trip

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

Impartiality and Disclosures of Judges and Arbitrators

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

Upcoming Tech ADR Course at Stanford Law School

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

Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.

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.

ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations

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

Another Day, Another Arbitration Clause Problem

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

Administered Arbitration: Getting to be an even better idea

  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