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All articles tagged '"patent infringement"'

12 articles found

The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes

By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”

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ABA Passes New Guidelines on the Appointment and Use of Special Masters

By Kyle Bailey - March 19, 2019
At the January 2019 Midyear Meeting, the American Bar Association adopted the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation.

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Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm

By Kyle Bailey - February 27, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute.

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SCOTUS Declines to Review $455 Million International Arbitration Award in Biotech Patent Dispute

By Beth Graham - December 27, 2017
The United States Supreme Court has declined to consider whether an international arbitration tribunal’s award in a breach of contract and patent infringement lawsuit should be overturned.

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International Arbitration of Patent Claims

By Beth Graham - October 11, 2016
Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, has published “International Arbitration of Patent Claims,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016), Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465.

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Technology Giants Apple, Samsung Agree to Mediation in Patent Dispute

By Beth Graham - January 21, 2014
Electronics giants Apple, Inc. and Samsung Electronics Co. have reportedly agreed to engage in mediation over the companies’ latest technology dispute.

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Federal Circuit Declines to Recognize a Mediation Privilege

By Victoria VanBuren - December 2, 2011
In a patent infringement case, the U.S. Court of Appeals for the Federal Circuit declined to recognize a federal mediation privilege. In Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011), Kimberly-Clark Worldwide, Inc. (“K-C”), owner of patents related to disposable absorbent products (such as diapers) brought a patent infringement action against competitor First Quality Baby Products, LLC (“First Quality”). Fis

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Texas Court of Appeals Rules on Interlocutory Appeal of Motion to Compel Arbitration

By Victoria VanBuren - November 7, 2011
In Schlumberger Technology Corp. v. Baker Hughes Inc., No. 01-11-00562 (Tex.App. – Houston [1st Dist.] Oct. 13, 2011) Schlumberger Technology Corp. (“Schlumberger” ) and Baker Hughes Inc. (“Baker Hughes”) are in an arbitration proceeding to resolve a patent infringement dispute. During the arbitration, a disagreement arose about whether the presiding panel of arbitrators has jurisdiction to determine an issue raised

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ABA Section of Intellectual Property | Complex Patent Suits: The Use of Special Masters for Claim Construction

By Victoria VanBuren - February 18, 2010
The following is an excerpt from “Complex Patent Suits: The Use of Special Masters for Claim Construction” by Neil A. Smith published at Landslide by the ABA Section of Intellectual Property Law. When a complex patent infringement case arises, it can be in the client’s or the court’s best interest to bring in an expert on patent law and technology—as a special master—to assist the judge. Special masters can provide value to all partie

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Arbitrating Patent Disputes

By Victoria VanBuren - October 1, 2009
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.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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