It is an all too common scenario – a patent infringement complaint has been filed and the parties agree to resolve the dispute prior to service of the complaint. Yet they are unable to reach an agreement and the lawsuit moves forward. The next off-ramp settlement on the litigation highway is often thought to be mediation or arbitration. However, these processes are typically not pursued until later in the litigation, after claim construction has occurred and discovery is well underway. All this time the fee meter keeps running. Indeed, a substantial number of cases make it all the way to the proverbial ‘courthouse steps’ before settling.
Read moreWhen Intellectual Property Is the ‘Investment’: Arbitrating against Sovereigns
There is no shortage of disputes in which patent holders may find themselves embroiled. ‘Trolls’ challenge the patent’s validity in an attempt to extort rent.[2]The oft-used practice of ‘evergreening’ comes under scrutiny for artificially extending patent exclusivity.[3] Resolution of disputes such as these typically revolves around purely patent law concepts, such as utility, obviousness or prior art enablement. The same concepts, as well as contractual issues, are also at the heart of patent-based commercial arbitrations in instances where the dispute involves licensees, as discussed in other chapters.
Read moreHuawei agreeing to ‘mediation’ with Verizon a positive gesture?
Chinese telecom giant Huawei Technologies has reportedly agreed to “private mediation” in one of the two lawsuits it brought against US carrier Verizon over patent royalties, in what could be a positive development in the Chinese firm’s troubled standing in the US.
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