By Cynthia Lambert Hardman, Marta Delsignore and Christopher Morten (April 20, 2018, 1:11 PM EDT) -- A recent case demonstrates the impact forum selection clauses in patent license agreements can have on the availability of patent challenges in the Patent Trial and Appeal Board. In Dodocase VR Inc. v. MerchSource LLC, a magistrate judge ordered a defendant to withdraw its inter partes review and post-grant review petitions from the PTAB.[1] The court held that the forum selection provision in a patent license agreement between plaintiff and defendant precluded the defendant from challenging plaintiff's patents in any forum other than certain California courts. Affirmance of the court's decision would have an important impact on the rights of patent licensees to challenge patentability in the PTAB, and may provide a pathway for patent owners to dispose of PTAB patent challenges....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
