International Arbitration of Patent Claims

'International Arbitration of Patent Claims' in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016)

Fordham Law Legal Studies Research Paper No. 2849465

13 Pages Posted: 9 Oct 2016 Last revised: 3 May 2018

See all articles by Thomas H. Lee

Thomas H. Lee

Fordham University School of Law

Date Written: October 7, 2016

Abstract

Multinational companies often have multiple patents in different countries on the same invention or innovation. This often results in extremely costly parallel patent litigations in various national courts. In this Essay, Professor Lee proposes how private arbitration might be used to solve the multi-patent, multi-forum litigation problem. The under-utilized U.S. patent arbitration statute, which allows arbitration of patent validity challenges (as well as patent infringement, licensing, and ownership issues) provides a useful basis for the solution.

Keywords: international arbitration, patents, patent validity, patent infringement, patent licensing, intellectual property protection

Suggested Citation

Lee, Thomas H., International Arbitration of Patent Claims (October 7, 2016). 'International Arbitration of Patent Claims' in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016); Fordham Law Legal Studies Research Paper No. 2849465. Available at SSRN: https://ssrn.com/abstract=2849465

Thomas H. Lee (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
212.636.6728 (Phone)

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