Last week the Federal Circuit issued its opinion in Kannuu Pty Ltd. v. Samsung Electronics Co., a patent case we have been following because it attracted dueling amicus briefs. The case was argued before Judges Newman, Prost, and Chen. On appeal, Kannuu argued that due to a forum selection clause in a contract among the parties the Southern District of New York should have ordered Samsung to seek dismissal of inter partes review proceedings brought by Samsung. Judge Chen authored the majority opinion in the case, affirming the denial of the requested relief. Judge Newman authored a dissenting opinion. This is our opinion summary.
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.
This past Thursday, the court heard oral argument in Kannuu Pty Ltd. v. Samsung Electronics Co., an appeal from the United States District Court for the Southern District of New York. We have been following the case because it attracted amicus briefs. On appeal, Kannuu argues that inter partes review proceedings brought by Samsung should have been enjoined due to a forum selection clause in a contract among the parties. Kannuu contends that the district court erroneously denied its related motion for a preliminary injunction. The arguments regarding the forum selection clause in the parties’ contract attracted dueling amicus briefs. Judges Newman, Prost, and Chen heard Thursday’s argument. This is our argument recap.