In a patent infringement claim case, a court or special master must define the scope of the claim construction. “The purpose of claim construction is to ‘determine the meaning and scope of the patent claims asserted to be infringed.’” O2
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SCOTUS Dismisses Henry Schein, Denies Certiorari in Another Question of Arbitrability Case
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted. The case was a follow-up to the high court’s unanimous opinion in Henry Schein…
NADN Conducts “The Customer is Always Right(?)” Survey of Litigators
The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”. The September 2020 survey asked litigators across the United States about their online dispute resolution (“ODR”) experiences and preferences. Of the…
SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may seek discovery in the United States under 28 U.S.C. § 1782(a). Under the law, evidence for…
Arbitrator Diversity: Can It Be Achieved?
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law, has published “Arbitrator Diversity: Can It Be Achieved?” Washington University Law Review, Vol. 98; Ohio…
Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial Division at the American Arbitration Association…
Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable. In Robertson v. Intratek Computer, Inc., No. 19-50792…
Remote Advocacy Through the Eyes of a Neutral
A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for Law and Technology, 58th Annual Conference on Intellectual Property Law. …
Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators
Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University’s Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published “Arbitration, Mediation and Mixed Modes: Seeking Workable…
SCOTX Agrees to Hear Reinstated Petition in Oil & Gas Arbitration Dispute
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute. The facts of the case were discussed…