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Intellectual Property

Mar. 29, 2000

Global Solution

Global Solution Arbitrating International Patent Disputes The option to arbitrate a dispute that concerns patent validity has not always existed.

Craig I Celniker

Partner, Morrison & Foerster LLP

Email: ccelniker@mofo.com

Brett D. Ekins

Jones Waldo Holbrook & McDonough PC

Email: bekins@joneswaldo.com

In today's global marketplace, it is standard for a company to patent its technology all over the world. One result of this trend is that technology licensing agreements often cover an international patent portfolio. This can be a problem if the licensor asserts a claim for royalties and the licensee raises the defense of non infringement, patent invalidity or unenforceability.

Since those issues are typically resolved on a nation-by-nation basis, the licensor and licensee are faced...

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