Arbitration Clauses In Patent Disputes

Law360, New York (September 11, 2007, 12:00 AM EDT) -- Many intellectual property agreements contain clauses that call for disputes to be resolved through arbitration. Often, these clauses are inserted automatically, without much thought given to exactly what they mean.

This article will summarize arbitration issues surrounding such clauses and relate the issues to patent disputes.

* Arbitration Is a Matter of Contract *

If there is one type of contract provision that is widely viewed as enforceable, it is a provision calling for the arbitration of disputes.

Under the Federal Arbitration Act, “a written provision...
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