Grammar May Send AbbVie-Novartis IP Row to Arbitration

Overview


Thomas Steindler, representing Novartis, addressed a California federal judge on sending to arbitration a competitor’s suit over hepatitis C patents. Mr. Steindler said the Federal Arbitration Act section covering patents requires express language carving out exclusions, noting that “where there’s an arbitration clause, there’s a presumption of arbitrability that should not be denied unless it’s said with positive assurance.” That presumption, he continued, “is particularly applicable when the clause is as broad as the one we have in this case.”