Tag Archives: arbitrate

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

Arbitrating the Patent Case Part XXIV: Modifying the Award

        We have been discussing arbitration of patent disputes from beginning to end in these articles. It’s been kind of a long slog, but we soldier on. In the last couple of articles we were looking at vacating the award altogether, a difficult proposition in most cases.  But what if a party … Continue reading Arbitrating the Patent Case Part XXIV: Modifying the Award

Arbitrating the Patent Case Part XVII: Presenting Documents at the Hearing

We have previously had a look at many aspects of arbitrating patent cases, beginning with the type of cases likely to be arbitrated, arbitration clauses, and the arbitration process up to the hearing.  We then began looking at the hearing itself, beginning with sequestration issues that can arise, opening statements, and case organization.  We will … Continue reading Arbitrating the Patent Case Part XVII: Presenting Documents at the Hearing

Arbitrating the Patent Case Part XV: Opening Statements

Earlier articles in this series explored various aspects of arbitrating patent cases, beginning with the type of cases likely to be arbitrated, arbitration clauses, and the arbitration process up to the hearing.  We then began looking at the hearing itself, beginning with sequestration issues that can arise and suggested an approach to avoid problems with … Continue reading Arbitrating the Patent Case Part XV: Opening Statements

Arbitrating the Patent Case Part XII: The hearing schedule

In earlier articles in this series, we addressed the types of patent cases most likely to be arbitrated, formulation of arbitration clauses,  the federal statutes governing arbitration of patent matters, considerations regarding use of experts in arbitration, and the final pre-hearing schedule regarding pre-hearing exchanges of information as well as witness lists, document lists and … Continue reading Arbitrating the Patent Case Part XII: The hearing schedule

Arbitrating the Patent Case Part X: Experts

In earlier articles in this series we focused on the patent cases most likely to be arbitrated, formulation of arbitration clauses, and the prehearing conference.  We then took a slight diversion to examine federal statutes governing arbitration of patent matters. Because the prehearing conference shapes the arbitration process, to participate intelligently you will need to … Continue reading Arbitrating the Patent Case Part X: Experts

Arbitrating the Patent Case Part IX: Statutory provisions

In earlier articles in this series we looked at patent disputes most suitable for arbitration, choice of arbitrator, arbitration clauses to use and avoid, the prehearing conference, discovery, and prehearing matters such as claim construction and summary judgment.  Before we continue on, let’s stop to explore the statutes that specifically provide for arbitration of patent … Continue reading Arbitrating the Patent Case Part IX: Statutory provisions

Arbitrating the Patent Case Part VIII: More on the prehearing conference

In earlier articles in this series we looked at the types of patent disputes most amenable to arbitration, what to look for in choosing an arbitrator or arbitrators for the dispute, relatively foolproof clauses to make sure the matter actually goes to arbitration without having to fight about it in court, arbitration clauses that may … Continue reading Arbitrating the Patent Case Part VIII: More on the prehearing conference

Arbitrating the Patent Case Part VI: Arbitration clauses to watch out for

In the last couple of articles in this series, we looked at arbitration clauses to use in patent cases.   These clauses will most likely be involved in license agreements, employee agreements, or product development agreements.  We noted that a good place to start is not simply the last arbitration clause someone in your office did, … Continue reading Arbitrating the Patent Case Part VI: Arbitration clauses to watch out for

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?