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Sharper Image’s Forced Withdrawal of VR Patent Challenges Upheld

April 18, 2019, 5:34 PM

A ruling that forced MerchSource LLC to withdraw validity challenges to virtual reality patents was proper, the Federal Circuit said April 18.

MerchSource, doing business as Sharper Image, likely breached the forum selection clause of a patent licensing agreement by filing for review of the patents at the Patent Trial and Appeal Board, the court said.

Dodocase VR Inc. owns three patents generally related to virtual reality headsets. MerchSource sells consumer products including VR headsets. Dodocase and MerchSource had a license agreement that included clauses prohibiting MerchSource from challenging the validity of Dodocase’s IP and requiring “any dispute arising out ...