Intellectual property news affecting business and everyday life
Friday, October 20, 2006
SD Cal Order vacated in Qualcomm v. Nokia
In Qualcomm v. Nokia, the CAFC considered the Federal Arbitration Act. If a district court is satisfied that the issue in question is arbitrable, then it must stay the trial of the action [9 USC section 3].
The CAFC cited Microchip Tech, 367 F.3d at 1356.
Judge Newman dissented and would have affirmed the district court.
I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted
in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.
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