Patent Infringement: Successful Litigation Stays the "Course"
Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more
In every jurisdiction in the country, the general rule is that a party to litigation waives arbitration rights by “substantially invok[ing] the judicial process to the detriment or prejudice of the other party.” Subway...more
After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding? While the federal circuit courts are split on the question, the better rule seems to be...more