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Patent Arbitration: It Still Makes Good Sense

AUTHOR:

Peter Michaelson

ABSTRACT:

Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new U.S.Patent and Trademark Office (USPTO) post-grant trial proceedings (post-grant review (PGR) and inter partes review (IPR)) implemented by the Leahy-Smith America Invents Act (AIA). 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.

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