![]() ![]() The clause further provided that the awards issued by the European and US arbitrators could be subject to review through an appellate panel of three arbitrators.Ī year after signing the settlement agreement, the European company commenced WIPO Arbitration proceedings, claiming infringement of its US and European patents. Given the high value of the disputed patents, the parties amended the standard WIPO Arbitration clause that provided for infringement claims relating to the US patents to be heard by a sole US arbitrator and those relating to European patents to be heard by a sole European arbitrator. The arbitral tribunal issued a final award on the royalties and patent ownership status of the patents in dispute.įollowing litigation in several jurisdictions regarding an alleged infringement of European and US patents protecting medical devices, a European company, and an US-based medical device company entered a settlement agreement, which included a WIPO Arbitration clause. During the arbitration proceedings, the three-member tribunal, including patent experts, also ruled on several procedural aspects, such as the admissibility of expert witness reports and scope of discovery. Parties jointly agreed to limit the scope of issues for the tribunal’s determination to two main areas, namely the financial elements of the contract, and the patent co-ownership status of some patents. ![]() Parties eventually entered an MoU to settle the first contractual dispute and agreed to submit the issue concerning the sub-license revenues and the assignment of rights relating to the disputed patents to WIPO Arbitration. Subsequently, disputes arose between the parties regarding the determination of royalties payable in a lump sum to the licensor, the sharing of sub-license revenues and the ownership status of some patents filed by one of the parties in its name, on a product created jointly by both parties. Two European pharmaceutical companies entered a joint development agreement and a patent license option agreement to develop a cancer treatment. ![]()
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