ROSE® Patent Arbitration

Streamlined-Expedited-Bifurcated

Substitute ROSE IPRbitration for PTAB IPR Proceeding

ROSE Arbitration provides neutrals, including some former PTAB Judges, who can guide the parties through an arbitration that tracks an IPR but is more streamlined and less costly than a PTAB proceeding. Such an IPRbitration (IPR Arbitration) results in a quicker resolution of the validity of the challenged patent, provides a private process with full confidentiality, an award that must be recognized by the USPTO and other built-in settlement options such as Mediation.

Facilitated dispute resolution services focused on patent infringement matters (e.g. in District Court) or challenges to patents (e.g. PTAB IPRs).

Streamlined process to greatly reduce cost and resources by using step by step gating of dispositive issues to settle patent disputes quickly.

Arbitration may be initiated by patent owner or technology implementer.

Particularly useful for making FRAND determinations, claim constructions and setting reasonable royalty rates.

Roster of highly experienced arbitrators with subject matter expertise and standards implementation experience, such as patent stacking.

Some disputes may be resolved by licensing, for total arbitration fees under $25,000 per party.

Flexible procedures may include Med/Arb combination, binding arbitration, non-binding arbitration or non-binding/binding hybrid arbitration (where the arbitration is non-binding at the outset, but immediately following the pre-hearing conference the parties must commit to a binding arbitration hearing and award).

ROSE Patent Arbitration Steps:

A. Facilitation Phase

1. Prior to or just after a lawsuit or IPR is filed a party registers with ROSE and an appropriate time frame for arbitration is identified;

2. Dispositive issues are identified such as value of dispute or value of patent and most appropriate means of establishing such value.

3. If only one party involved at Phase 1, after the basic process is set, the facilitator invites other party to participate in arbitration.

B. Mediation of Procedural Steps by Facilitator

1. Parties identify the preferred arbitrator and dispositive issues to be addressed and facilitator works with parties to establish an accelerated schedule and gating steps to resolve the dispute most efficiently.

2. Where appropriate, a process for the arbitrator to determine a reasonable royalty rate/FRAND rate, validity or claim construction is established.

3. Plan is established for rapid exchange of narrow discovery guided by facilitator (similar to role of magistrate judge in district court).

C. Arbitration

1. Preliminary motions and discovery with oversight from arbitrator (assistance by facilitator).

2. Within 60 days of initiation of process, in most cases, a hearing (preferably by video conference) is held with party representatives present;

3. Within 5 days of hearing, arbitrator issues an award/decision (or establishes supplemental discovery or procedural steps toward resolving remaining disputes).

4. The Patent Statute requires that arbitration awards be recognized by PTAB and district court; and, as a result, such litigations may be shortened in view of an arbitration award resolving a particular issue (e.g. claim construction) and a judge shall recognize the award as being final and binding as to the parties to the arbitration (so long as notice of the award is provided to the Director of the USPTO with respect to IPRs or PGRs). See 35 U.S.C §294.

ROSE Patent Arbitration Steps:

Meet the Arbitrators

Meet the Facilitator