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.
In this episode of the Arbitration Conversation, Amy interviews Prof. Dave Larson of the Mitchell Hamline School of Law about digital accessibility in mediation, arbitration, and online dispute resolution. https://www.youtube.com/watch?v=UEyWsL-3zcU
By David Larson, Amy SchmitzThis article was first published on the Cooley LLP Blog, here. Mass arbitration is a recent trend where companies are hit with thousands of identical consumer or employment arbitration claims....
By Marc Suskin, Rachel ThornIn this episode of the Arbitration Conversation, Amy interviews Professor Kristen Blankley, who teaches Alternative Dispute Resolution, Advocacy in Mediation, Mediation, Family Mediation, and Arbitration at the Nebraska College of...
By Kristen Blankley, Amy Schmitz