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The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

IP News

By Compiled by Kathlyn Card-Beckles
July 12, 2004

Federal Circuit Requires Courts to Decide Question of Who is Bound to Arbitrate

In Microchip Tech., Inc. v. U.S. Philips Corp., 367 F.3d 1350 (Fed. Cir. 2004), the Federal Circuit held that the issue of whether two parties agreed to arbitrate is an issue for the court ' not an arbitrator ' to decide. In so doing, the court rejected Ninth Circuit authority stating that an arbitrator could decide the issue.

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