It's Never Too Late To Arbitrate a Patent Case

July 2006

By: Susan G. L. Glovsky

New England In-House

The following is an excerpt from the article:

Effective in-house counsel draw upon all dispute resolution mechanisms available to achieve optimal results for their companies.

Advocates of alternative dispute resolution point to the costs of litigation and the courts' inability to decide matters effectively. At the same time, horror stories regarding arbitrated cases cause companies to retreat from using arbitration clauses in licenses. The reality is that there is no one best way to resolve every dispute.

Negotiation, mediation, arbitration, and, yes, litigation are all available to counsel to handle matters successfully. Taking one path does not foreclose changing course as the dispute progresses.

Companies can face disputes that would be decided more effectively in private, outside the courthouse. Even though a court action has begun, a third party can still be empowered by agreement to decide all or some portion of the case.

As litigation of a patent infringement case progresses, consider the possibility of negotiating an agreement to arbitrate that includes provisions that can result in a partial victory before the arbitration even begins.

Retaining separate counsel for purposes of negotiating the arbitration agreement, keeping the litigators from being distracted, can work well under the right circumstances.

To read the full article, please click on the PDF tab above.

Overview

July 2006

By: Susan G. L. Glovsky

New England In-House

The following is an excerpt from the article:

Effective in-house counsel draw upon all dispute resolution mechanisms available to achieve optimal results for their companies.

Advocates of alternative dispute resolution point to the costs of litigation and the courts' inability to decide matters effectively. At the same time, horror stories regarding arbitrated cases cause companies to retreat from using arbitration clauses in licenses. The reality is that there is no one best way to resolve every dispute.

Negotiation, mediation, arbitration, and, yes, litigation are all available to counsel to handle matters successfully. Taking one path does not foreclose changing course as the dispute progresses.

Companies can face disputes that would be decided more effectively in private, outside the courthouse. Even though a court action has begun, a third party can still be empowered by agreement to decide all or some portion of the case.

As litigation of a patent infringement case progresses, consider the possibility of negotiating an agreement to arbitrate that includes provisions that can result in a partial victory before the arbitration even begins.

Retaining separate counsel for purposes of negotiating the arbitration agreement, keeping the litigators from being distracted, can work well under the right circumstances.

To read the full article, please click on the PDF tab above.

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