Fed. Cir. Judges Doubt Contract Bars Samsung Patent Board Review

Two Federal Circuit judges appeared to agree with Samsung Electronics Co. during oral argument that a confidentiality agreement concerning licensing negotiations didn’t bar it from filing a patent office challenge.

Samsung challenged Kannuu Pty Ltd.'s patents on predict-next-character technology at the Patent Trial and Appeal Board. Kannuu argued Samsung should be barred from seeking inter partes review at the board because a nondisclosure agreement between the parties limited suits to New York courts.

Kannuu’s attorney, Perry Goldberg of Progress LLP in Los Angeles, told the U.S. Court of Appeals for the Federal Circuit that Samsung can’t participate in the IPR ...