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Patent licenses, technology transfer agreements, and non-disclosure agreements often include forum selection clauses as a matter of course, and sometimes include an arbitration clause requiring private arbitration of disputes. Petitioners and patent owners both will want to know: Can these clauses preclude a challenge at the Patent Trial and Appeal Board (PTAB)? The federal district courts routinely enforce the parties’ selected forum in patent lawsuits. The PTAB, however, has been reluctant to do so for
inter partes and post-grant review proceedings. The Federal Circuit has not yet ruled on whether the PTAB must directly consider and enforce forum selection clauses. Patent owners seeking to avoid the PTAB may have recourse through the district courts, but results on this path are uncertain. Petitioners have frequently been successful in maintaining challenges at the PTAB, despite prior agreements that include forum se
/PRNewswire/ Data Call Technologies (OTCMKTS: DCLT) is joining forces with the Office of Justice Programs (OJP) and the National Center for Missing and.
A Real Party-in-Interest Determination is Final and Non-Appealable, Including Denial of Related Motion to Dismiss and Discovery Wednesday, April 7, 2021
In
CyWee Group Ltd. v. Google LLC, Nos. 2020-1565, 2020-1567 (Mar. 16, 2021), CyWee challenged the Board’s conclusion that Google identified all real parties-in-interest under the obligations of 35 U.S.C. § 312(a)(2).
The holding in an earlier Federal Circuit case was determinative
ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378, 1386 (Fed. Cir. 2020). In
ESIP, the Federal Circuit concluded that “the Board’s § 312(a)(2) real-party-in-interest determination is final and non-appealable” under 35 U.S.C. § 314(d) because it “raises an ordinary dispute about the application of an institution-related statute.”
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The following telephone arguments will be available to the
public live. Access information will be available by 9 AM ET
each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments.
Monday, April 5, 2021
Publishing Technologies, LLC v. RPX Corporation, No.
20-1420
After Publishing Technologies asserted U.S. Patent No. 7,908,342
( the 342 Patent ) against RPX Corporation, RPX
filed two IPR petitions challenging the claims of the 342
patent. The Patent Trial and Appeal Board ( PTAB )
instituted on both. While the PTAB declined to construe certain
terms at institution, instead giving them their plain and ordinary