ADR Articles

DAVID ALLGEYER DAVID ALLGEYER

The POSA: who is and isn’t a POSA

A “Person of Ordinary Skill in the Art” is mentioned so often in patent cases that he or she has an acronym: a POSA. This is because, in patent law, many of the most important issues are typically viewed from the perspective of a POSA, including claim construction, validity, and infringement. But just how is a POSA?

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DAVID ALLGEYER DAVID ALLGEYER

Silicon Valley Arbitration and Mediation Center 2022 Tech List

The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2022 List of the World’s Leading Technology Neutrals (the “Tech List“). California-based non-profit, SVAMC, promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes.

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DAVID ALLGEYER DAVID ALLGEYER

Motion to Vacate an Arbitration Award: Within the time limit but still too late?

Things can get interesting when there are battling motions to confirm and vacate an arbitration award, depending on the timing.  Under the FAA and under many state counterparts to it, a motion to vacate an award must be brought within three months of the award being filed.  A motion to confirm must be brought within a year.  But what happens when the winning party seeks to confirm the award right away.  Does a party who wants to vacate still get three months to move to vacate? 

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