Kannuu Pty Ltd. v. Samsung Electronics Co.

 
APPEAL NO.
21-1638
OP. BELOW
DCT
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

  1. “Whether in the instant action, the validity challenges brought by Samsung in the PTAB fall under the forum selection clause (‘FSC’) of the parties’ NDA because the validity challenges ‘relate to’ the discussions that the parties had under the NDA given that it is undisputed that the clause must be interpreted broadly under New York law, one of the issues in the IPRs is whether Samsung copied information that Kannuu shared with Samsung under the NDAs, and the parties’ discussions under the NDA concerned whether Samsung needed a license to the patents at issue in the IPRs.”
  2. “Whether public policy allows private parties to contractually agree to restrict the forum for disputes about patent validity to an Article III court rather than keeping open the option of the PTAB as an alternative forum.”
  3. “Whether this Court should remand with instructions to enter the injunction rather than merely remanding with instructions to reconsider the four factors given that none of the factors can possibly favor Samsung.”

Posts About this Case

Date
Selected Proceedings and Orders
March 9, 2021