On 11 July 2024, we continued our Lunch DIScussions series, this time on the topic of "Arbitration related to patents." The session was moderated Dr. Eva Schmid (Bayer) and featured contributions by Peter Chrocziel (Vindelici Legal) and Philipp Groz (Schellenberg Wittmer).
The panelists began by presenting various arbitration case studies in the context of contractual disputes in which issues of patent entitlement, infringement, or validity are relevant. The discussion then explored the boundaries of arbitrability in patent disputes and debated the pros and cons of carving out patent disputes from the objective scope of arbitration clauses. Finally, the session highlighted some of the unresolved issues related to the new Patent Mediation and Arbitration Center established under article 35 of the Unified Patent Court Agreement. The lively panel discussion was enriched by numerous practical examples and questions from the audience.
Philipp Groz