PTAB Strategies and Insights - May 2021: Can Forum Selection Clauses Prohibit IPRs?

New Vision Gamingi touches on an interesting forum-selection issue currently before the Federal Circuit in at least one other case. The issue is the enforceability of a forum-selection clause in an agreement between parties that attempts to prohibit the filing of an Inter Partes Review (IPR) petition. New Vision and SG Gaming, Inc. mutually agreed in their patent license agreement that if “any dispute” arose, jurisdiction would be “exclusive” in the appropriate federal or state court in the...
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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