Final Thoughts

• Author: David A. Allgeyer
• Pages: 141-143

141

Final Thoughts

It has been my goal in this book to touch on the main issues that

can arise when you are deciding whether to provide for arbi-

tration of patent issues and how to approach arbitration if you

do. But, in devoting a book to the subject, I worry that we may

be overthinking things. It all starts looking pretty complicated.

We have the interplay of the Federal Arbitration Act, the federal

statutes on patent arbitration, interpretation of arbitration stat-

utes by courts, preemption, standards of review, and all the rest.

There is a lot going on here legally.

IT’S NOT ALL THAT COMPLICATED

And still, the real advantage of patent arbitration is that it

avoids complication. Patent disputes are bound to be compli-

cated. But that is mainly because the subject matter—patent

law and technology—is inherently complex. If the legal aspects

of patent arbitration are complicated, it is because at some point

courts become involved as parties seek to undo or enforce deci-

sions by arbitrators.

We spent time on all that to explore the legal landscape.

But, if you provide for arbitration in a well-drafted clause, you

are going to go to arbitration and not court until it’s time to

enforce the award. Arbitration lets you focus on the merits of the

dispute rather than a lot of procedural wrangling and motions.

CHAPTER 22