No one sets out to draft an imprecise license agreement, but occasionally that is the unfortunate result. One source of imprecision is that the inherent ambiguity.
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc., holding that the language of the governing contract's forum selection clause expressly allowed for the filing of IPRs in certain circumstances.