Rehearing Cites Lack of Countervailing Public Policy Against PTAB Review
Last month the Federal Circuit decided Dodocase VR, Inc. v. Merchsource, LLC (here). In Dodocase the Federal Circuit held that a standard forum selection clause can divest the PTAB of AIA trial jurisdiction.
If maintained, the ability to avoid the Patent Trial & Appeal Board (PTAB) by private agreement would prove a game changer in periodic licensing agreements between competitors, including SEP licensors.
But, earlier this week, en banc rehearing was sought.