Originally from Alternatives to the High Cost of Litigation

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“Reports of my death have been greatly exaggerated.” That’s a common misquotation of, “The report of my death was an exaggeration,” in a letter written by Mark Twain that appeared in “Mark Twain Amused,” N.Y. Journal (June 2, 1897). 

Either quote applies directly to patent arbitration. 

Commentators have made dire predictions on the future of patent arbitration in light of the recent-vintage U.S. Patent and Trademark Office post-grant trial proceedings—post-grant review, referred to in this article as PGR, and inter partes review, or IPR—implemented by the Leahy Smith America Invents Act. See, e.g., Charles W. Shifley, “Goodbye Patent Arbitration?” Corporate Counsel (Oct. 13, 2014)(available at bit.ly/1lHT2hF). 

Contrary to those views, patent arbitration is still very much alive, widely used, and, where employed in appropriate situations and structured properly, will likely see increasing use.