Challenges and Best Practices in the International Arbitration of Patent Validity Disputes

Join a panel of top international arbitrators and technology neutrals as they discuss patent validity issues that arise when arbitrating international patent licensing and infringement disputes. The panel will review practical issues, tips and best practices for handling patent-related arbitrations. Topics will include:

• Who decides whether the validity of a patent is arbitrable, the courts or the tribunal?
• What law applies when a court or tribunal considers whether validity is arbitrable?
• What is the effect of the new American Restatement on these issues in the U.S.?
• What are the rules in specific European and Asian jurisdictions?
• What ancillary issues arise in these cases, and what are the implications to awards determining validity or invalidity?
• What factors should the practitioner consider when deciding on the arbitral forum for patent licensing and infringement cases?
• What considerations should the practitioner take into account for award enforcement in such cases?

Moderator:

William Baker, Arbitrator & Mediator, Baker ADR – New York

Speakers:

Robert B. Davidson, FCIArb, Arbitrator & Mediator, JAMS – New York

Grant Kim, Partner, LimNexus – San Francisco

Claire Morel de Westgaver, Partner, Bryan Cave Leighton Paisner - London