Samsung Electronics Co. won the support of 18 intellectual property professors at the Federal Circuit for its argument that an agreement with a patent owner didn’t bar it from filing a patent office challenge.
A forum selection clause in a nondisclosure agreement can’t presumptively preclude validity challenges via inter partes review, the professors argued in an amicus brief. Patent law should “develop in a way that incentivizes innovation without unduly restricting competition or constricting the public domain,” they said.
A group of five IP professors backed patent owner Kannuu Pty Ltd.'s argument that the agreement limits any disputes arising ...
