VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” How can you tell? Patent trolls leverage the litigation system to negotiate settlements for less than.
In Nippon Shinyaku v. Sarepta Therapeutics, Federal Circuit held a forum selection clause specifying that patent infringement actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court.
In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal.