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Cardozo Journal of Conflict Resolution

Abstract

Waymo and Uber should have entered into a mutually agreed upon arbitration agreement to resolve their patent claims, and future conflicting self-driving car developers should consider doing the same. Uber was already willing to enter arbitration, and while Waymo resisted being forced into arbitration in the past, it would have the opportunity to influence the terms of the arrangement. Arbitration would benefit both Waymo and future patent holders, as well as Uber and future parties accused of patent infringement, as it would provide a cheaper alternative to litigating those claims while also keeping the procedure more confidential, providing Waymo a better chance for winning its patent claims and more security against continued litigation for Uber.

Disciplines

Antitrust and Trade Regulation | Contracts | Dispute Resolution and Arbitration | Law | Law and Economics | Science and Technology Law

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