Bloomberg Law
Oct. 7, 2021, 8:52 PM

Samsung Patent Board Challenges OK Despite Confidentiality Pact

Perry Cooper
Perry Cooper
Legal Reporter

Samsung Electronics Co. convinced two Federal Circuit judges that a confidentiality agreement concerning licensing negotiations doesn’t bar it from filing patent office challenges.

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 by a nondisclosure agreement between the parties that limited suits to New York courts.

The U.S. Court of Appeals for the Federal Circuit rejected Kannuu’s argument in a precedential opinion. The case was the first time the court had considered whether a forum selection clause in ...