District Court of Munich Confirms Arbitrability of Patent Validity Disputes

The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars and courts has been that such disputes are not arbitrable.[1] More recently, this view has been challenged, with some scholars finding that arbitral tribunals should be, and are, competent to decide disputes concerning the validity and existence of patents – at least with inter partes-effect by ordering one party to apply for the deletion of a patent with the competent patent office.

In a decision of 5 May 2021, the District Court of Munich I (Landgericht München I), sided with the second view and confirmed the arbitrability of disputes concerning the validity and existence of patents in an obiter dictum…

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker

In this episode of the Arbitration Conversation Amy interviews Janet Walker, an independent arbitrator with chambers at Arbitration Place in Toronto, at the International Arbitration Centre in London, and at...

By Janet Walker, Amy Schmitz
Category

Canada – Why Arbitration Needs the Courts – And Vice Versa

In Benke v Loblaw Companies Limited, 2022 ABQB 461, Justice Feasby called for a “culture change” in the courts to “create an environment promoting timely and affordable access to the civil...

By Lisa C. Munro
Category

Déséquilibre and Arbitration Clauses in Subway Franchise Contracts in France

The presence of arbitration clauses in franchise contracts is not a novelty[1]– on the contrary, it is a practice being used frequently in such type of contracts. But when such...

By Leonardo de Oliveira, Clotilde Jourdain-Fortier

Find an Arbitrator

X
X
X