International Arbitration of Patent Claims

Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, has published “International Arbitration of Patent Claims,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016), Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465.  In his paper, Professor Lee offers his proposal regarding how arbitration may be used to avoid parallel patent litigations across international boundaries.

Here is the 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.

This and other scholarly works written by Professor Lee may be downloaded free of charge from the Social Science Research Network.

Photo credit: jfeuchter via Foter.com / CC BY