Arbitration Clause Not Binding on the United States Patent Office

The Federal Circuit’s recent ruling in MaxPower Semiconductor Inc. et al v. Rohm Semiconductor USA, LLC highlights the interplay between the liberal federal policy favoring arbitration agreements and the Patent Trial and Appeal Board’s (“PTAB”) authority as an agency tribunal having a broad role to protect the public interest in ensuring the quality of patents.

Challenging the validity of a patent through the inter partes review (IPR) process at the PTAB is a conventional alternative to litigating invalidity in federal court. MaxPower addressed the question of whether the PTAB will defer to an agreement to arbitrate that did not expressly preclude the parties from proceeding before the PTAB…

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence

In this episode of the Arbitration Conversation Amy interviews Catherine A. Rogers, a scholar of international arbitration and professional ethics at Penn State Law, with a dual appointment as Professor...

By Catherine Rogers, Amy Schmitz
Category

SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy

This article first appeared in the Securities Arbitration Alert Blog. As reported in SAA 2021-19 (May 20), the Supreme Court on May 17 denied Certiorari in Seldin v. Estate of...

By George Friedman
Category

Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses

This article first appeared on Miller Canfield webpage, here. Can a non-signatory to an arbitration agreement compel international arbitration under the doctrine of equitable estoppel? Last year, in GE Energy Power...

By Frederick A. Acomb, Ahmad Chehab

Find an Arbitrator