Intellectual Property, Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

IP: Three things to know about mediating licensing disputes - Follow these tips to have the best opportunity for settlement in IP...

by Zela Claiborne | JAMS, The Resolution Experts on 4/12/2013

The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more

Domain-Name Rights: Pursue Them or Lose Them, Arbitrator Rules

by Jeff Ifrah on 1/18/2013

Domain-name registrants who sit on their rights rather than go after trademark infringers do so at their peril. In a case decided last July, an arbitrator for the World Intellectual Property Organization (WIPO) held that a...more

What Can the NHL Lockout Teach Us About Mediating Non-Compete and Trade Secret Disputes?

by Michael Greco | Fisher & Phillips LLP on 1/7/2013

After 113 days, the NHL lockout ended with the NHL and its players association reporting that they have reached a tentative deal. Although they say that a lot of i's need to be dotted and t's need to be crossed, it looks as...more

Employers and Employees May Contract To Arbitrate Non-Competes

by Theodore A. Olsen | Sherman & Howard L.L.C. on 1/3/2013

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and enforcement of non-competition and confidentiality covenants in contracts...more

Is the Apple-Samsung Verdict Anti-Consumer?

by Howard Ullman on 8/31/2012

I’ve shied away from writing about the Apple-Samsung patent verdict, in part because I don’t know the details of the patents involved or the evidence that went to the jury. And so I offer no opinions on the specific...more

Business Litigation Report -- August 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 8/17/2012

In This Issue: - Firm News: Quinn Emanuel Continues to Build Out International Arbitration Practice and Quinn Emanuel Hosts U.S.-Style Mock Jury Trials in Taipei and Seoul - Main Article: Raising the...more

Arbitration Clauses in License Agreements (Part 3)

by Field Law on 7/10/2012

We have reviewed a few decisions relating to arbitration clauses in intellectual property license agreements (see here). Courts in the US have shown that they are willing to uphold arbitrator’s decisions. What is the law in...more

Arbitration Clauses in License Agreements (Part 2)

by Field Law on 7/5/2012

Many intellectual property license agreements refer disputes to arbitration under an arbitration clause. After the arbitrator renders a decision, can that decision be appealed to court? Or is it final and binding on the...more

Arbitration Clauses in License Agreements (Part 1)

by Field Law on 6/19/2012

This 2010 case is a good reminder that courts will give effect to arbitration clauses if that’s what the parties have chosen in their license agreements. - In PRM Energy Sys., Inc. v. Primenergy, LLC, 592 F.3d 830...more

Enactment of the New Georgia International Commercial Arbitration Code Solidifies Atlanta's Status as a Hub for International...

by King & Spalding on 6/5/2012

On May 2, 2012, Georgia Governor Nathan Deal signed S.B. 383, replacing Part 2 of the Georgia Arbitration Code pertaining to international transactions with a new Georgia International Commercial Arbitration Code, O.C.G.A. §...more

Promega Corp. v. Life Technologies Corp. (Fed. Cir. 2012)

by McDonnell Boehnen Hulbert & Berghoff LLP on 4/13/2012

Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings,...more

5 Keys to Mediating Non-Compete and Trade Secret Disputes

by Fisher & Phillips LLP on 2/21/2012

Mediating a non-compete and trade secrets dispute is different than mediating general commercial disputes. This is particularly true early on in litigation. Non-compete cases are front loaded by nature and get expensive...more

January 2012: London Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 1/13/2012

In This Issue: - Liquidator Ordered to Disclose Documents to Creditor for Use in Arbitration In Sunwing Vacation Inc v. E-Clear (UK) plc [2011] EWHC 1544 (Ch), 3 June 2011, the U.K. High Court of Justice Chancery...more

RIM Defeats Sherman Act Section 2 Claims At Pleading Stage

by Sheppard Mullin Richter & Hampton LLP on 12/29/2011

In “the latest installment in a contentious litigation”, defendant Research In Motion recently obtained an order granting its motion to dismiss plaintiff Eatoni's claims that RIM violated Section 2 of the Sherman Act and...more

Challenges of Microsoft Server-Client Licensing

by Scott & Scott, LLP on 11/22/2011

Server licensing often can be a complex undertaking. Christopher Barnett, of intellectual property and technology law firm Scott & Scott, LLP, discusses a number of complicating factors to keep in mind when analyzing...more

Mediating Intellectual Property Disputes

by JAMS, The Resolution Experts on 10/21/2011

In our technology-driven world, nothing may be more important strategically or monetarily than intellectual property. Accordingly, the acquisition and assertion of patents have become vitally important to protect innovation...more

Basic Law for Web Designers No 1: Introduction to Contract Law

by Jane Lambert on 8/16/2011

I have been consulted by web designers and their customers ever since the earliest days of the wold wide web. I have read and reviewed many of their contracts and drafted a large number of my own. Sometimes I have represented...more

Quinn Emanuel Business Litigation Report - June 2011

by Quinn Emanuel Urquhart & Sullivan, LLP on 6/15/2011

Firm News: John Quinn Recognized as one of The National Law Journal’s “Most Influential Lawyers” Charlie Verhoeven Named Favorite IP Lawyer by Corporate Counsel Martin Davies Joins London Office Main...more

International Arbitration Provisions Allow State Court Litigation on International Agreements to be Moved to U.S. Federal Courts

by Finnegan on 4/15/2011

Companies increasingly enter into license agreements that are international in nature. While this expanding global marketplace brings new opportunities, it also raises significant legal issues, such as how to resolve disputes...more

IP Update, Vol. 14, No. 2, February 2011

by McDermott Will & Emery on 3/1/2011

IN THIS ISSUE: Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the...more

China Promulgates Specific Conflict Law Governing Foreign-Related Civil Relations

by McDermott Will & Emery on 12/29/2010

The enactment of this new law is intended to upgrade and systematise the existing Chinese conflict laws, in order to help parties to international civil and commercial transactions choose the proper governing laws, and to...more

What's My Mug Doing In Your Coffee

by Michael Isaac Shokrian on 8/17/2009

California Supreme Court's decision in the case of RUSSELL CHRISTOFF v. NESTLE USA, INC., came down on August 17, 2009. It raises a question about the applicability of the "Single Publication Rule" to labels, like labels on...more

Should Estoppel Stop You From Requesting Inter Partes Reexamination?

by Morrison & Foerster LLP on 8/4/2009

Inter partes reexamination offers an attractive supplement (or even alternative) to litigation for challenging the validity of a patent. Unlike ex parte reexamination, inter partes reexamination advantageously enables a third...more

Non Disclosure Agreement with Arbitration Clause for Intellectual Property, Patent, Trade Secret, Idea, Manufacture, Invention

by Bambi Faivre Walters, PC on 3/1/2008

Exemplary Non Disclosure Agreement (NDA) with arbitration clause. This document does not constitute legal advice and prior to executing any contract, an individual or entity should carefully review the provisions with an...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Intellectual Property › Alternative Dispute Resolution (ADR) › Commercial Law & Contracts