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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 26, 2008
Journal of Intellectual Property Law & Practice 2008 3(11):682-683; doi:10.1093/jiplp/jpn169
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Federal Circuit rejects proposition that arbitration agreement ‘runs with the patent’

Jeremiah A. Armstrong
McDermott Will & Emery, Silicon Valley

DataTreasury Corp. v Wells Fargo & Co. and Wells Fargo Bank, NA, 522 F.3d 1368 (Fed. Cir. 2008) (Fogel, Dist. J., sitting by designation, 16 April 2008)

The US Court of Appeals for the Federal Circuit rejected the proposition that an arbitration clause ‘runs with the patent’ when it affirmed the district court's order denying the defendant/licensees' motion to dismiss or stay litigation pending arbitration where the assignee plaintiff was not a signatory to the patent license agreement containing the arbitration clause.

Correspondence: Email: jarmstrong{at}mwe.com


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