How is an arbitration award enforced in patent cases?

Enforcement of arbitration awards in patent cases requires specific steps as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include: The patentee, assignee, or licensee must file a written notice of the award with the USPTO Director. The notice must include details about the patent, parties involved, and a copy of the…

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How binding are arbitration awards in patent disputes?

Arbitration awards in patent disputes are binding between the parties involved in the arbitration but do not affect others. According to 35 U.S.C. 294(c): ‘An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person.’ However, if the patent…

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Can arbitration awards in patent disputes be modified?

Yes, arbitration awards in patent disputes can be modified under certain circumstances. According to 35 U.S.C. 294(c): ‘The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent…

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