Description

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The U.S. Patent and Trademark Office (USPTO) encourages participants to use alternative dispute resolution (ADR) processes during post grant proceedings to facilitate resolution of conflicts that have become exceedingly complex. The flexibility and benefits of ADR proceedings are based on the expertise of qualified neutrals such as experienced IP attorneys and former judges and magistrates who are uniquely equipped to evaluate IP issues and settle conflicts in a manner much more streamlined than a Patent Trial and Appeal Board (PTAB) proceeding. Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB describes how these neutrals can be engaged to help parties more efficiently decide IP conflicts, particularly proceedings at the USPTO. Author David L. Newman covers all essential aspects of using ADR to resolve these disputes, including: - The full use of mediation and arbitration during proceedings at the PTAB- Resolution of technology issues present in ongoing IP matters- PTAB criteria that favor or disfavor the use of ADR- Managing confidentiality issues- Use of special masters, and more- Employing new ADR processes, such as alternative licensing resolution and patent small claims court resolution systems, to streamline patent assertion and monetization efforts, and more.

About the Author

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David L. Newman is chair of the IP Practice at Gould & Ratner LLP in Chicago and has more than twenty years of experience with IP law and ADR, working both in-house and in private practice. He has represented parties during mediations and arbitrations involving patent rights and has successfully challenged the enforceability of a patent during arbitration and obtained a rare award finding that the arbitrated patent was procured inequitably.