Fed. Circ. Backs Patent Review Despite Arbitration Agreement

By Tiffany Hu (September 8, 2021, 9:41 PM EDT) -- The Federal Circuit on Wednesday refused to take up appeals over whether the Patent Trial and Appeal Board was wrong to institute review on several patents covering semiconductor technology despite an arbitration agreement between the parties. 

In a five-page precedential order, the majority of a three-judge panel rejected a mandamus petition filed by MaxPower Semiconductor, which argued that the PTAB erred in instituting review on four patents challenged by ROHM Semiconductor USA LLC because the dispute was supposed to be arbitrated under certain agreements the companies had entered into. 

The majority said that Section 314(d) of the Patent Act, which bars...

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