The author is an arbitrator and mediator based in Silicon Valley. He serves on the American Arbitration Association panel. He teaches at the law schools at Santa Clara University and Golden Gate University. Mr. Donahey is a member of the bars of California, Illinois, and Arizona, as well as the bars of numerous federal courts. He can be reached by e-mail at email@example.com. Additional information about the author is available on his Web site at www.scottdonahey.com.
How to structure international arbitration to make it more attractive to in-house IP counsel, with suggested arbitration and submission agreements.
In the United States the use of arbitration to resolve domestic intellectual property disputes has been steadily increasing for several years now. There are a number of reasons for this. First, in 1983, 35 U.S.C. § 294, which specifically provides for the arbitration of patent disputes, including the questions of infringement and validity, became effective. Second, the cost of litigating patent disputes has become, if not prohibitive, at least a luxury that many companies are more than willing to forego.