Should Our Contract or License Provide for Arbitration?

AuthorDavid A. Allgeyer
Pages1-8
1
Should Our Contract
or License Provide
forArbitration?
Arbitration can provide significant advantages for patent dis-
putes. Patent cases are among the most expensive cases to
litigate. A number of things make them expensive. There is
normally a need for highly qualified technical and financial
experts. Evaluating and gathering facts regarding the validity
and infringement of patents is often time consuming and com-
plex. The typical approach to litigation in these cases involves
significant amounts of discovery to “leave no stone unturned.”
The claim construction process is often elaborate. And proving or
disproving damages can be fact intensive and expensive.
Presenting the case is an art, particularly if there is a jury.
You will typically need a “story line” to keep the jurors’ attention.
Often, difficult legal, scientific, and technical concepts need to be
explained to people typically not used to dealing with patents
and technical issues. You may need a jury consultant to help you
develop good themes and explanations. At the same time, you
need to be sure to have the right kind of technical information
in the record to prove or disprove infringement, address the test
for patent invalidity, and meet all the legal requirements of the
claims or defenses. Jury instructions must be carefully crafted to
explain patent law to folks who likely have never been exposed
to it.
CHAPTER 1

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