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O’Melveny Lawyer Discusses International Arbitration for Resolving Japan Patent Disputes

June 17, 2019

 

O’Melveny counsel Hiroko Nihei authored a two-part article, Arbitrability of Patent Validity Disputes: For Enhanced Use of International Arbitrations in Japan, which focuses on the two major challenges in resolving a patent dispute through international arbitration: the necessity of an arbitration agreement and the arbitrability of a patent validity dispute.  The article suggests the possibility of utilizing international arbitration in the area of standard-essential patents (SEPs) by signing an arbitration submission agreement for an existing dispute.  As to the arbitrability concern, the article analyzes the legal nature of a patent validity dispute in depth and concludes that it is arbitrable under Japanese law.  The two parts of the article were published by JCA Journal (the Journal of the Japan Commercial Arbitration Association) in its May and June 2019 editions.