Do Private Arbitration Agreements Undermine Public Policy?
With Congress considering “encouraging” stays of patent litigation pending concurrent PTAB review, licensors may begin to look to contractual mechanisms to avoid a PTAB filing altogether. The strategy is not unprecedented, and may provide a way for district courts to enjoin the agency from moving forward with AIA trials.
But, should private agreements thwart mechanisms designed to remove improvidently granted patent monopolies?
Continue Reading Avoiding the PTAB by Private Agreement?