In Agere Systems Inc. v. Samsung Electronics Co., Ltd., (No. 07-40984), the Fifth Circuit held that the question of arbitrability should be decided by an arbitrator. The dispute between Agere Systems and Samsung Electronics arouse out of five patent cross-licensing agreements (dated 1990, 1995, 1999, 2000, and 2006). In 2006, Agere sued Samsung for breach of the licensing agreement and Samsung responded by invoking a mediation clause contained in the 2000 agreement. After the mediation process failed, Samsung moved to compel arbitration, citing an arbitration clause in the same agreement. The district court denied the request and Samsung appealed. However, because the 2000 agreement provided that “an arbitrator was to determine the questions of arbitrability,” the Fifth Circuit reversed and remanded.

The State Bar of Texas just launched its own blog. The blog includes a directory of Blogs by Texas Lawyers. We are proud to be listed under “New and Noteworthy.” Welcome to the legal blogosphere!

Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue of enforceability of contractual jury waivers, the court analyzed their similarities with arbitration clauses, both falling within the category of forum- selection clauses. See also the Supreme Court of Texas Blog, for discussion of other major cases.

In addition to S.B. 222 discussed here, the 81st Texas Legislature is considering H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).” Status: Referred to the Committee on Judiciary & Civil Jurisprudence on 02/24/2009.