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No-Challenge Clauses Patents

Fitch, Even, Tabin & Flannery LLP

Can Forum Selection Clauses Preclude a PTAB Challenge?

Patent licenses, technology transfer agreements, and non-disclosure agreements often include forum selection clauses as a matter of course, and sometimes include an arbitration clause requiring private arbitration of...more

Bennett Jones LLP

Ontario Court Enforces No-Challenge Clause in Patent Agreement

Bennett Jones LLP on

It is common for patent license agreements and settlement agreements to include so called "no-challenge" clauses, in which parties agree not to attack the validity of the other's patent. However, the enforceability of such...more

McDermott Will & Emery

Forum Selection Clause Prohibits Filing IPR and PGR Petitions

McDermott Will & Emery on

In a non-precedential opinion, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of preliminary injunction requiring a licensee to withdraw its inter partes review (IPR) and post grant review...more

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