Tag Archives: patent

ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

    Below is the text of an announcement for an ADR program I am very happy to be part of. For more information, please go to: https://www3.wipo.int/registration/en/form.jsp?organization=WIPO&registration_id=325&utm_source=All+SVAMC+Contacts&utm_campaign=bfd8038e6f-EMAIL_CAMPAIGN_2018_09_20_04_01&utm_medium=email&utm_term=0_934ca19b39-bfd8038e6f-514384661 Advanced Issues in Tech and Patent ADR: Mediating and Arbitrating Disputes Please join leading corporate counsel, tech litigators, representatives of the World Intellectual Property Organization (WIPO), the … Continue reading ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

Two very recent decisions by the United States Supreme Court have eliminated some of the advantages to which patent holders have become accustomed in the last few decades. Goodbye Texas The first is TC Heartland v. LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (May 22, 2017).  Sixty years ago, the Supreme Court decided … Continue reading The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes

I recently had an article I wrote, “Using Arbitration to Resolve Patent Disputes: The Right Thing for the Right Case”  published in The Federal Lawyer, The Magazine of the Federal Bar Association.  It begins: Patent litigation can be really expensive. The 2015 Report of theEconomic Survey, for example, reports an average cost of $873,000 for … Continue reading From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes

Using Arbitration to Resolve Your Patent Dispute: The Right Thing for the Right Case

I was recently honored to have an article published in the Federal Bar Association’s publication, The Resolver, entitled Using Patent Arbitration to Resolve Your Patent Dispute:  The Right Thing for the Right Case.  The article starts on page 9.  I hope you find it of interest.  Here is a link: http://www.fedbar.org/Image-Library/Sections-and-Divisions/ADR/Resolver-Spring-2016.aspx You will also find … Continue reading Using Arbitration to Resolve Your Patent Dispute: The Right Thing for the Right Case

Arbitrating the Patent Case Part XXVII: The Big Picture (Finally)

In this series of articles, we have been considering patent arbitration.  We began with what types of patent-related cases are most suitable for arbitration.  We then considered whether arbitration was likely to be a good idea in a given context and, if so, how to most effectively assure the case will be arbitrated.  We then … Continue reading Arbitrating the Patent Case Part XXVII: The Big Picture (Finally)

Arbitrating the Patent Case Part XXII: Attacks on the Award

In earlier articles in this series we followed arbitration involving patent matters from drafting the arbitration clause through the award, motions to “reconsider” the award and, finally a motion to confirm the award.  We now arrive at attacks on the award. The standard that applies to review of an arbitration award is much more rigorous … Continue reading Arbitrating the Patent Case Part XXII: Attacks on the Award

Arbitrating the Patent Case Part XVI: Presenting the Evidence

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 and, finally opening statements.  We have now … Continue reading Arbitrating the Patent Case Part XVI: Presenting the Evidence

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 XIII: The hearing

We have addressed the types of patent cases most likely to be arbitrated, formulation of arbitration clauses,  the federal statutes governing arbitration of patent matter, 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 briefs.  We then turned to … Continue reading Arbitrating the Patent Case Part XIII: The hearing

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