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
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
I generally post articles here with some regularity. During the holiday season, though, I thought I’d take a break and just point you to a book I wrote dealing with arbitration issues. It’s the equivalent to at least 22 articles and is, in fact, based on a series of articles I wrote for this blog … Continue reading Arbitrating Patent Disputes: A Practical Guide
I recently mentioned an online program I was privileged to be part of, Mediation in Patent and Technology Cases, presented by Silicon Valley Arbitration and Mediation Center and Stanford Law School. The program was recorded and is now available online. My co-presenters are highly skilled mediators and educators. They are: -Janet Martinez, Director Gould Negotiation … Continue reading Mediation in the Technology and Patent Case Program
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!
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?
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
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
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)
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