Worldwide: Arbitration & Dispute Resolution

I coined the term “emotionology,” which is a combination of “emotion” and “psychology.” It describes an applied science that examines how human emotions influence and become part of decision-making and negotiation processes in arbitration and mediation. In these settings, participants are emotional and spiritual beings; the success of the process relies as much on legal frameworks as it does on understanding and managing emotions, relationships and interests.

The Federal Circuit's decision in Dometic Corp. v. International Trade Commission reveals how claim construction disputes can simultaneously undermine both infringement analysis and domestic industry requirements in Section 337 proceedings. This case demonstrates the compounding risks ITC complainants face when their domestic products fail to practice asserted patent claims under the same construction used to establish infringement, even when economic investment in US operations is proven.

When does an attorney’s conduct cross from protected legal services into unprotected business advice? A recent opinion from the Fifteenth Court of Appeals...