The time from filing a complaint for patent infringement to a final court decision often takes several years. This is particularly the case in US patent litigation, where the median time to trial in patent-centric courts is currently, for example:
- Delaware – 36 months
- Northern District of California – 35 months
- Northern District of Illinois – 49 months
This does not take into account the additional time for appeals.
In sharp contrast, the time to a final binding award in arbitration is commonly within 6-12 months and as little as 2-3 months in an expedited arbitration (which can be particularly well-suited for smaller disputes or focused issues). One of the reasons for such efficiency is the flexible nature of arbitral proceedings. An experienced arbitrator will work with the parties and tailor the process and timetable to the specific needs of the case at hand as opposed to the one-size-fits-all approach of national courts. Such flexibility can favor prioritizing the resolution of some issues to either narrow the scope of the dispute or possibly facilitate settlement.
Thus, this feature of patent arbitration can be a significant benefit to patent holders and accused infringers alike.
Contact us for a free consultation and let us explain how we can help you successfully resolve your next patent dispute in a more timely and cost-effective manner.