Knobbe/Martens: Intellectual Property Law

John Sganga

Common Forum Selection Clause in License Agreement Prevents Patent Validity Challenge at PTAB

April 22, 2019 Bridget A. Smith and John Sganga

On April 18, 2019, the Federal Circuit issued a non-precedential opinion that is making stakeholders in the patent licensing community sit up and take note.  The case was Dodocase VR, Inc. v. MerchSource, LLC, holding that a boilerplate forum selection clause in a licensing agreement can prevent a validity challenge at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB), even though the clause makes no mention of PTAB proceedings.

 

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