Picking Courts: Forum-Selection in License Agreements

Any well-drafted technology or patent license agreement will contain dispute resolution provisions that may cover a number of things: such as picking a governing law in case of disputes, mandating arbitration or other alternatives to litigation, or even picking the courts or “forum” in which disputes will be heard - known as a “forum selection clause”.

Canadian licensors should take note of the recent US decision in Mitek Systems, Inc. v. U.S. Services Automobile Association, in which the forum selection clause in a technology license chose Delaware as the applicable law, and any “court of competent jurisdiction sitting in the State of Delaware” as the forum in which lawsuits must be filed. Delaware was the home jurisdiction of the licensor, though it carried on business in California, and the licensee was based in Texas.

When a dispute arose, the licensee brought a claim first, in the State of Texas. The licensor filed a second lawsuit in Delaware, claiming that was the proper forum for disputes to be heard.

See this article from the Licensing Executives Society: A Forum-Selection Clause in a License Agreement May Not Necessarily Prevent a Litigation From Being Filed and Permitted to Proceed in a Different Court for a discussion of the decision. Essentially, the court decided that other factors were more important than the forum selection clause, and the case was allowed to proceed in Texas.

Calgary - 07:00 MST

No comments yet. Be the first.

Leave a reply

You must be logged in to post a comment.

i want to buy prednisone without a perscription order prednisone free next day airprednisone on line Buy accutane with visa where can i purchase synthroid 200 mcg mastercard without a prescription where can i purchase zithromax online purchase Buspar no visa online without prescription buy Atarax amex purchase cheap Atarax online buying Cytotec online lisinopril lisinopril buy lisinopril lisinopril buy Lisinopril cheap uk buy Lisinopril buy Lisinopril legally buy finpecia over counter buy finpecia online buy prednisone spain buy prednisone in the us purchase Buspar without prescription to ship overnight where to buy Amitriptyline without a prescription Premarin mexico valtrex generic pharmacy iframe Buy Valtrex from usa without a perscription purchase Maxalt without buy Metformin without a credit card buy Metformin no rx finpecia online pharmacy buy cheap valtrex without prescription free fedex delivery Valacyclovir Amitriptyline from india Premarin drug order cheap overnight Premarin online Maxalt purchase buy cheap generic prednisone online canada pharmacy no prescription buy prednisone oral Metformin online purchase buy Metformin doctor prescription buy Metformin in united states online Metformin sale best buy Orlistat online pharmacy Orlistat Orlistat cash on delivery buy mail order Orlistat Orlistat precio buy on line Orlistat generic Orlistat prices online prescription Orlistat online prescription Orlistat medikament Orlistat finpecia online no rx finpecia with fedex buy finpecia next day delivery purchase Premarin without prescription to ship overnight where buy Premarin