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Arbitration Intellectual Property Litigation

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

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One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

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Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

JAMS

[PODCAST] JAMS Neutrals Discuss the Advantages of ADR in Resolving IP Disputes

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In this podcast, JAMS neutrals Judge Elizabeth Laporte and Tom Creel give listeners a deeper look into the role alternative dispute resolution (ADR) plays in intellectual property disputes. They examine the options available...more

JAMS

[PODCAST] The Role of ADR in Resolving IP Disputes in the Life Sciences Industry

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A podcast from JAMS featuring Steven Bauer and Sarah Geers on how ADR can play a pivotal role in resolving IP-related disputes in the life sciences industry - In this podcast, Steven Bauer, mediator and arbitrator at...more

Fenwick & West LLP

Message from Mars: The Drawbacks of Trade Secret Arbitration

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On July 6, 2021, a federal court ordered that Mars, Inc.’s trade secret lawsuit against its former executive must be resolved in arbitration. Mars v. Szarzynski is a cautionary example of broad judicial interpretation of...more

JAMS

The Use of Tutorials in Life Sciences Arbitrations

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Cases involving intellectual property disputes are challenging to litigate in any forum. They often turn on complex scientific or technical information. Persuading jurors or a trial judge while also educating them on the...more

JAMS

Is ADR the Cure for COVID-19-Related Litigation? - The benefits of having a neutral with life sciences experience to resolve your...

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As we continue our battle against COVID-19, one of the successes is the speed with which pharmaceutical companies have developed vaccines. For those not familiar with the science and the process of getting new drugs to...more

World Law Group

Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures

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WLG's HR Law, IP/IT, and Litigation, and Dispute Resolution groups discussed what companies can do to protect their Trade Secrets when it comes to lawsuits or alternative dispute settlement procedures (including those induced...more

World Law Group

[Webinar] Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures - October 27th, 9:30 am ET

World Law Group on

Join WLG's HR Law, IP/IT, and Litigation, and Dispute Resolution groups as they discuss what companies can do to protect their Trade Secrets when it comes to lawsuits or alternative dispute settlement procedures (including...more

Robins Kaplan LLP

[Webinar] From Contract To Courtroom: Lessons Learned In Contract Litigation And Trials - September 30th, 11:00 am - 12:00 pm PT

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What can we learn from past contracts, good and bad, and how they played out in the courtroom? In this presentation, seasoned-in-house counsel, trial attorneys, and a jury consultant will examine lessons learned in litigation...more

Mintz - Intellectual Property Viewpoints

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

JAMS

Virtual Arbitration: A Viable Solution for Patent Disputes in Europe

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Claimants are right to feel frustrated amid delays and case backlogs during the coronavirus pandemic, but good options remain available Claimants seeking prompt legal redress during the coronavirus pandemic face an...more

Seyfarth Shaw LLP

Trade Secret Litigation on the Rise in California: How ADR Can Help

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Trade secret litigation in California is growing, in both volume and impact. The second-largest plaintiffs’ verdict in 2019 was $845 million, as reported by the Daily Journal, which was awarded to ASML, a Dutch semiconductor...more

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

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Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

International Lawyers Network

Establishment of the Intellectual Property (IP) List in the Court of First Instance of the Hong Kong High Court

According to the 2018 Global Competitiveness Report released by the World Economic Forum, Hong Kong was ranked 9th out of 140 economies in terms of IP protection.  In accordance with the recommendations made by the Working...more

Hogan Lovells

What you need to know about China's new Regulations on interim injunctions in IP cases

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China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more

Hogan Lovells

Practical tips on arbitrating intellectual property disputes

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While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (IPR) to arbitration, especially in cases where there is a cross border element....more

Mintz - Arbitration, Mediation, ADR...

An Arbitrator’s Power May Be Greater Than That of a Judge

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although an arbitration agreement can be written (double-spaced) on one side of a...more

NAM (National Arbitration and Mediation)

Arbitrate Without Losing The Inter Partes Review Option

New York Law Journal Intellectual Property Special Report March 2018 - I recently overheard one of my colleagues make the following observation: “Well, with AIA being so challenger friendly, quick, and relatively...more

Orrick - Trade Secrets Group

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Morrison & Foerster LLP

Litigation and enforcement in Japan: overview

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MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Carlton Fields

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

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On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

McDermott Will & Emery

Pre-Arbitration Injunction May Only Preserve Status Quo - Benihana, Inc. v. Benihana of Tokyo, LLC

In the context of a dispute surrounding a breach of a trademark license agreement that provided for arbitration of certain disputes, the U.S. Court of Appeals for the Second Circuit concluded that it was inappropriate for a...more

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