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.


Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 118

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 125

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 118

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 125
buy seroquel in canada buy generic seroquel australia buy seroquel mastercard seroquel online purchase buy cheap seroquel buy seroquel online uk buy seroquel american express can i get seroquel without a prescription? seroquel online without prescription seroquel 50mg tablets can you buy seroquel online seroquel buy online generic seroquel without a precsriptions buy Requip with american express purchase Tamoxifen prescription Requip buy brand Cytotec buy Tamoxifen without doctor Maxalt drug furosemide order tamoxifen without rx Tamoxifen purchase without prescription Order Finasteride online without a prescription arimidex 1 mg without prescription arimidex 1 mg order online buy accutane online australia accutane generic sale arimidex 1 mg without prescription accutane generic buy order accutane online no prescription order accutane canada buy accutane american express order arimidex uk i need to order Arimidex without a prescription Cytotec oral how to buy cytotec online without a rx generic Seroquel without prescription canada order buy Cytotec online Cytotec mexico buy cod Cytotec where can i buy Cytotec online without a prescription buy online Cytotec Cytotec purchase Cytotec without rx needed buying Cytotec over the counter Cytotec non rx fedex overnight free order Cytotec overnight buy cytotec in the uk order Cytotec overnight buy Cytotec shipped cod how to order Cytotec online without a rx buy Cytotec cheap online Cytotec online prescription buy Accutane australia no prescription where to buy Requip without a prescription buy generic Accutane uk purchase Cytotec visa without prescription order Tamoxifen Cytotec overnight buy Cytotec amex online without prescription buy cheap generic Finpecia online canada pharmacy no prescription buy Furosemide with no prescription can you buy Clomiphene online Finasteride online without prescription purchase Cytotec over the counter cod overnight Cytotec overnight cod buy generic Cytotec buy Clomiphene 50mg buy Isotretinoin canada pharmacy Metformin buy Cytotec discount uk Maxalt generic Finpecia 1mg canada Arimidex generic online generic Accutane without prescription where to buy Seroquel online purchase Furosemide where can i buy Arimidex over the counter buy cheap Requip on line Finpecia online sale without prescription