David Newman

is chair of the IP Group at Gould & Ratner LLP in Chicago, Chair of the ADR Committee of the ABA IP section, a registered patent attorney, author of Patent Neutral: Expanding the Use of ADR for Settlement of Patent Disputes at the PTAB and developer of ROSE Arbitration.

For more information or to contact David, please visit his Firm Profile Page.

Recent Articles by

Top 10 Reasons Arbitration Will Benefit Parties More Than Litigating at the PTAB

Alternatives to patent litigation are desirable now more than ever. Arbitration can help to resolve patent disputes more easily than the much more complex, expensive and timely endeavor of Patent Trial and Appeal Board (PTAB) proceedings. Patent litigators must deal with an overly complex Inter Partes Review (IPR) system as a result of the Supreme Court’s SAS Institute v. Iancu (138 S. Ct. 1348 2018) decision, new amendment process, and evolution of the “broadest reasonable interpretation” standard. Costly and complicated PTAB proceedings and a lengthy appellate process make arbitration an appealing option to obtain a patentability ruling in a streamlined manner. Below are the top 10 reasons that arbitration can be a better route to follow than an IPR or other PTAB proceeding.