Can Forum Selection Clauses Preclude a PTAB Challenge? | Fitch, Even, Tabin & Flannery LLP
To embed, copy and paste the code into your website or blog: 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-gra...
Source: jdsupra.com