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22 The Arbitrability of Patent Infringement Disputes

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Chapter Summary

This chapter focuses on the use of arbitration to resolve patent disputes and, more specifically, the use of arbitration to resolve disputes about patent infringement and patent validity. It explores why parties so rarely agree to arbitrate issues of patent infringement and validity? What does the future look like for the arbitration of patent infringement disputes? Should we expect any significant increase in the use of arbitration to resolve cases? The future of arbitration for patent infringement disputes requires that parties, particularly patent owners, have confidence that the arbitrators are going to reach the right answer. More so than in other commercial cases, there is a high value on the arbitrators getting it right. This is because the cost of the arbitrators getting it wrong has significant negative consequences for the patent owner's ability to enforce the patent against other parties.

Keywords: arbitration proceedings; patent disputes; patent infringement; patent validity



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