Fed. Circ.'s PTAB Forum Clause Ruling May Not Be Last Word

Law360 (April 24, 2019, 7:35 PM EDT) -- The Federal Circuit has held that patent license forum selection clauses can bar Patent Trial and Appeal Board challenges, but attorneys say that might not lead to a win for the patentee in the case, and the board may view the issue differently. Here’s what could happen next.

The appeals court on April 18 affirmed a lower court’s decision that the company that owns the Sharper Image brand must withdraw inter partes review challenges to three DodoCase VR Inc. virtual reality patents it had licensed, saying a clause in the agreement requiring disputes to be litigated in California prevents the proceedings...

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