Akin Gump Lawyers Analyze Ruling Ordering Withdrawal of IPR Petitions
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The Licensing Journal has published the article “Selection Clause in License Agreement Upheld, Forcing Licensee to Withdraw IPR Petitions,” written by Akin Gump intellectual property partner Rubén Muñoz, counsel Matthew Hartman and associate Ryan Stronczer. The article examines a preliminary injunction issued by a federal judge in California in a case requiring the defendants to withdraw their petitions for inter partes review before the Patent Trial and Appeal Board.
In the case in question, Dodocase VR, Inc. f/k/a Dodocase, Inc. v. MerchSource, LLC d/b/a Sharper Image et al., the plaintiff is a manufacturer of accessories for mobile devices that owns the three patents at issue. The defendants, the authors write, “sell, manufacture, design, and/or import certain products that plaintiff alleges infringe (or threaten to infringe)” those patents.
The article outlines some of the issues at stake in the case as well as the court’s reasoning for its decision. The defendants, the authors write, “appealed the district court’s order to the Court of Appeals for the Federal Circuit and filed an emergency motion for the injunction to be stayed pending appeal.” On Mach 28, the Federal Circuit issued an order temporarily staying the injunction while the court considers defendants’ motion.
To read the full article, which originated as a blog post on IP Newsflash, please click here.
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