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Samsung Patent Infringement Spat Draws Opposing Professor Briefs

April 27, 2021, 7:31 PM

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 ...