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Can Forum Selection Clauses Preclude a PTAB Challenge? | Fitch, Even, Tabin & Flannery LLP


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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 disputes. Petitioners and patent owners both will want to know: Can these clauses preclude a challenge at the Patent Trial and Appeal Board (PTAB)? The federal district courts routinely enforce the parties’ selected forum in patent lawsuits. The PTAB, however, has been reluctant to do so for
inter partes and post-grant review proceedings. The Federal Circuit has not yet ruled on whether the PTAB must directly consider and enforce forum selection clauses. Patent owners seeking to avoid the PTAB may have recourse through the district courts, but results on this path are uncertain. Petitioners have frequently been successful in maintaining challenges at the PTAB, despite prior agreements that include ....

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Two Casinos Sue Scientific Games Over Shuffle Master Business Practices


Two Casinos Sue Scientific Games Over Shuffle Master Business Practices
4 Min read
A pair of Midwestern riverboat casinos have filed a class action antitrust lawsuit against Las Vegas-based Scientific Games Corporation, alleging monopolistic practices in the sale and marketing of Shuffle Master automatic card shufflers, which hold a dominant market share in that casino-equipment niche.
DraftKings at Casino Queen is one of two Mississippi riverboat casinos suing Shuffle Master parent Scientific Games over allegedly illegal business practices involved with its automatic card shuffler products. (Image: G3Newswire)
The lawsuit was filed by East St. Louis, Illinois’ Casino Queen, Inc., which operates as DraftKings at Casino Queen, and Marquette, Iowa’s Casino Queen Marquette, Inc., which operates under the same name and was once known as the Lady Luck Casino. ....

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