Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote a interesting article about arbitrating patent infringement licenses. Here is an excerpt: Markman Hearings. In 1996, the US Supreme Court (Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)) established a procedure by which US District Judges hear evidence regarding the interpretation of patent claims during what is now called a Markman Hearing. After the Markman Hearing results, the rest of the case, mostly about whether the defendant’s products or service actually infringe, is adjudicated. Knowledgeable patent infringement arbitrators normally hold a Markman Hearing as well, where the parties argue the claim construction of the patents in dispute, and the arbitration panel rules on the interpretation. Unlike the US federal court system however, there is no review by any appellate court and whatever the arbitration panel rules then becomes the claim construction. Read the full article: Save Millions by Arbitrating Patent Infringement Licenses. [Ed. note: Mr. Vogel also writes the impressive Internet, Information Technology & E-Discovery Blog] On a related note, we recently read an ABA article featured at the IP ADR Blog. The piece was written by David A. Allgeyer from the firm Lindquist & Vennum. Mr. Allgeyer also discusses arbitration within the context of patent disputes and compares the cost of litigation vs. arbitration. We invite you to read it: In Search of Lower Cost Resolution: Using Arbitration to Resolve Patent Disputes. Technorati Tags: arbitration, ADR, law, patent infringement, Markman Hearing, claim construction, patent disputes, intellectual property arbitration

Need CLE credits? The University of Texas School of Law will host its 33rd Annual Page Keeton Civil Litigation Conference on October 29-30, 2009 at the Four Seasons Hotel in Austin, Texas. Professor Tracy McCormack and Karl Bayer will present on October 30, “Effective Advocacy in Arbitration.” Arbitration: do you know when you should ask for it and what to do if you get it? Concrete instruction on advocacy in arbitration, using actual survey results from arbitrators. Analysis of the ethical issues of your skills versus your client’s needs. Find the brochure here and register here. Technorati Tags: CLE, University of Texas

Mark your Calendars! The Texas Bar CLE presents a new course on Business Torts, co-sponsored by the Litigation Section of the State Bar of Texas. The live conference will take place in Dallas on October 29-30, 2009. This course will provide discussions on the following areas: • Tortuous Interference • Trade Secrets & Misappropriation • Fraudulent & Negligent Misrepresentation • Breach of Fiduciary Duty in Business Litigation • Business Torts Issues in the Employment Context • Remedies Other than Damages in Business Tort Litigation Karl Bayer will be presenting the section on Arbitration on October 29th. Find the brochure here and register here. Technorati Tags: State Bar of Texas CLE

Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations. Here is his list of myths: A Strong Mediator is Better Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonable Settlement Not Making a Pre-Mediation Demand Will Lead to a higher Settlement If the Other Side is Not in Your Range, Use Brackets Let’s Meet in the Middle The Devil Made me Do It Having a Failed Mediation is Better than not Having a Mediation at All A Good Mediator Can Settle Any Case In Mediations Where the Parties Are Upset with Each Other, the Opening Statement Should be Avoided You Need to Have a Mediator with a Legal Background in the Subject Matter of the Case A Good Mediator Does Not Need Pre-Mediation Position Papers Everyone Should Dress Down for Mediation Because it Helps Everyone Relax Mediations Should Always Be Done as Possible in the Litigation Process Plaintiffs’ Attorneys Should Throw Very Hard Punches at Opening Session in Order to “Soften” the Defendants and to “Impress” the Plaintiff Complex or “High Dollar” Cases Need More than One Meditation Session Mediations Can Only Succeed When they are Done Right Check out the full description of these “mediation myths” here and let us know what you think! Technorati Tags: ADR, law, mediation