Kluwer: Small and Medium-Sized Enterprises (SMEs) and Standard-Essential Patent (SEP) Arbitration: What Safeguards Do SMEs Need?

As standard-essential patent (“SEP”) disputes grow more complex and costly, courts and advocates are paying more attention to mediation and arbitration as alternatives to litigation. Depending on how they are designed, these forms of alternative dispute resolution (“ADR”) may offer practical advantages when parallel proceedings, mounting costs, or the risk of an injunction threaten continued market access. This article does not address whether SEP disputes should generally be resolved through ADR.