Civil Litigation,
Intellectual Property
May 1, 2019
Ruling causing a stir in patent licensing community
In a recent ruling the Federal Circuit held that an ordinary forum selection clause in a licensing agreement can prevent a validity challenge at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, even though the clause makes no mention of PTAB proceedings at all, let alone whether they were barred.
Bridget A. Smith
Partner
Knobbe Martens Olson & Bear LLP
Email: bridget.smith@knobbe.com
Bridget is co-chair of the firm's Patent Office Litigation practice group.
John B. Sganga Jr.
Partner
Knobbe Martens Olson & Bear LLP
Email: jsganga@kmob.com
John is co-chair of the firm's Patent Office Litigation practice group.
The U.S. Court of Appeals for the Federal Circuit recently issued a nonprecedential opinion that is causing a stir in the patent licensing community. The case was Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019), which held that an ordinary forum selection cla...
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