Patent Arbitration - IIPLA

Patent Arbitration

About the Course: Patent arbitration is a popular form of alternative dispute resolution. Arbitration is substantially less expensive than patent litigation and resolution is achieved more expeditiously. Parties to disputes have more discretion in choosing qualified arbitrators than in selecting judges or juries. Also, in contrast to litigating patents, arbitration offers confidentiality. However, serious consideration should be given before being bound by arbitration. Arbitration usually provides for less discovery and agreements reached through arbitration are non-appealable. If you don’t know the answers to questions such as these, you really should listen to this webinar: How does the Doctrine of Separability affect the enforceability of arbitration provisions? How does the Federal Arbitration Act affect the validity of arbitration clauses? How does the notion of competence-competence affect the validity of arbitration clauses? Is it easier or more difficult to initiate a declaratory judgment if there is a governing arbitration clause? How does arbitration affect injunctive relief? Do precedents carry more value in arbitration or litigation? Where does the intersection of arbitration and re-exam lie? Which patent defenses must an arbitrator consider? To whom must arbitration awards be reported? What are the risks and possible remedies associated with disclosure requirements relating to invalidity under arbitration? Do agreements to arbitrate preclude administrative agencies from investigating and prosecuting civil statutory claims? Course Leaders: J. Derek Mason, Ph.D., Partner, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. A former chemist with a doctorate in organic chemistry, Dr. Mason works with both companies and other law firms, advising on a broad range of intellectual property concerns. He conducts due diligence investigations and risk assessment with respect to intellectual property ownership in corporate mergers and acquisitions. Additionally, he helps both foreign and domestic companies to establish and develop patent portfolios, avoid infringement when launching new products, and formulate and implement procedures to protect their innovations and enhance their use and value. Dr. Mason’s thorough understanding of the sciences and technical aspects of his clients’ innovations enables him to skillfully represent their interests. While achieving his doctorate and undergraduate degrees, Dr. Mason studied organometalloid chemistry and conducted research in the area of organic photochemistry, publishing and presenting papers in both of these areas. He also worked for three years as a chemist for a diversified international chemical company. Anne L. St. Martin, Associate, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. Ms. St. Martin works to secure patent rights for major international chemical, electronic, plastics and glass corporations in a wide range of technologies. These include biotechnology, coatings, cosmetics, electronic chemicals, fluorine chemicals, glass products (flat glass, automotive glass, display glass and electronic glass), inorganic chemistry, imaging devices, light-emitting materials, liquid crystals, metallurgy, organic chemistry, petrochemistry, petrochemical processing, pharmaceuticals, plastics, polymers, process systems engineering, semiconductors, textiles, and toners. Ms. St. Martin’s exposure to international patent laws and prosecution enables her to better understand and communicate with foreign clients when explaining U.S. patent laws and designing U.S. prosecution strategies. During both her undergraduate and graduate years of education, Ms. St. Martin studied in numerous countries including Canada, Germany, France, Russia, Namibia, Sri Lanka, China, and Bangladesh. She has a keen interest in international comparative patent law and international intellectual property (IP) regulations and treaties, including Trade Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and World Trade Organization (WTO) Dispute Settlements. These interests led her to spend a summer studying Chinese intellectual property law in Beijing, and a semester working at a European patent firm in Munich, where she gained experience in European Patent Office (EPO) prosecution, EPO opposition proceedings, and German patent litigation.
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