Foxconn Beats Injunction Blocking Arbitration of Patent Claims

Foxconn successfully undid a district court injunction barring it from arbitrating Vicor Corp.'s patent infringement claims in China, a federal appeals court ruled Thursday.

US Code Section 1659 requires district court proceedings and relief be stayed when a parallel legal action with the same parties is underway with the International Trade Commission, according to an opinion. The US Court of Appeals for the First Circuit vacated a lower court’s preliminary injunction preventing Foxconn from arbitrating before the China International Economic and Trade Arbitration Commission.

"[W]e have found no authority suggesting that Section 1659 excludes preliminary injunctions,” Judge Julie Rikelman ...