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Arbitration of SEP Disputes—A Growing Trend?

After years of litigating against each other in several jurisdictions around the world, Ericsson and Lenovo announced last week that they had entered into a global cross-licensing agreement involving 4G and 5G wireless...more

Just as "Shall" Means "Shall", "Stay" Means "Stay"

To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss...more

Fashion Nova’s Arbitration Clause Fades Away

Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit....more

China’s New Intellectual Property Mediation Rules

In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation...more

Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability

The Federal Circuit recently held that an arbitrator, not a federal district court, should decide whether a dispute arising from a technology license is subject to mandatory arbitration. See ROHM Semiconductor USA, LLC v....more

The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more

Arbitration of IP Disputes in a Post-COVID-19 World

The COVID-19 pandemic has caused individuals and companies alike to face the reality of a rapid economic downturn followed by a potentially slow recovery and continued economic challenges. During these trying times, companies...more

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