by Peter L. Michaelson
Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new PTO post-grant trial proceedings (post-grant review (PGR) and inter‑partes review (IPR)) implemented by the Leahy-Smith America Invents Act (AIA).
“Reports of my death have been greatly exaggerated.” So it is with patent arbitration.
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. This article first considers post-grant proceedings as being complementary to patent arbitration and then discusses how arbitration can be structured to be an effective litigation alternative for resolving patent-related disputes.