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Rolling The Dice – Discretionary Denial And Forum Selection Clauses | Jones Day - Vimarsana News

Rolling The Dice – Discretionary Denial And Forum Selection Clauses | Jones Day

* The Federal Circuit has just issued an additional decision in this dispute today. We will cover that development further shortly. In a recent decision, the Patent...

Can Forum Selection Clauses Preclude a PTAB Challenge? | Fitch, Even, Tabin & Flannery LLP - Vimarsana News

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...