What defenses can be considered in patent arbitration proceedings?
In patent arbitration proceedings, the defenses provided under 35 U.S.C. 282 must be considered by the arbitrator if raised by any party. This is specified in 35 U.S.C. 294(b): ‘In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.’…
Read MoreWhat is voluntary arbitration in patent disputes?
Voluntary arbitration in patent disputes is a process outlined in 35 U.S.C. 294 where parties can agree to settle disputes related to patent validity or infringement through arbitration. The law states: ‘A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity…
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