Executive order allows PTO action arbitration: ADR can resolve civil claims by private parties against the PTO
Article Abstract:
Executive Order 12988 makes possible the use of alternative dispute resolution in suits against the US Patent and Trademark Office (PTO). The two possibilities are suits against the PTO commissioner based on a writ of mandamus or the Administrative Procedure Act and broader suits against the commissioner. Opponents might say that arbitration is unsuitable for public policy disputes, but in legislation regarding the arbitrability of patent disputes between private parties Congress has said that this technique might benefit both them and the public. Whether the Federal Circuit defers to the PTO is one of the legal issues involved.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Patent counsel debate pros and cons of ADR; ADR is adapting to fit parties' needs in technology disputes
Article Abstract:
Alternative dispute resolution (ADR) has become increasingly popular as a way of resolving patent conflicts abroad and US patent counsel should give the technique a second look. Troubles with litigation beyond its cost and length include the fact that run-of-the-mill jury members often have trouble understanding complex patent disputes. Pre-dispute ADR clauses have become more common, and statistics suggest that over half of patent disputes submitted first to arbitration were resolved at this stage. Those looking at ADR options even have private ADR providers to choose from.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Netherlands courts allow patent owners to obtain cross-border injunctions, sparing owners the necessity of initiating multiple infringement proceedings
Article Abstract:
The judicial system of the Netherlands allows the patent owner to seek a cross-border injunction covering not only the Netherlands but also other European countries where patent infringement has occurred. The patent owner is thus spared multiple patent proceedings. After the 1992 decision of Interlas v. Lincoln, the lower Dutch courts increased their grants of cross-border injunctions. Adjudication of these patent cases took place in preliminary relief proceedings, or "kort geding" procedure.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
User Contributions:
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