Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd., No. 21-1638 (Fed. Cir. 2021)
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In 2012, Samsung contacted Kannuu, an Australian start-up that develops media-related products, inquiring about Kannuu’s remote control search-and-navigation technology. The companies entered into a non-disclosure agreement (NDA) to protect confidential business information while engaging in discussions. The NDA explains: [N]othing contained in this Agreement will be construed as granting any rights to the receiving party, by license or otherwise, to any of the Confidential Information disclosed. A forum selection clause identified New York for purposes of choice of laws principles and as the venue for any proceedings. In 2013, the parties ceased communications without reaching an agreement.
Six years later, Kannuu sued Samsung, alleging patent infringement and breach of the NDA. Samsung filed petitions for inter partes review, alleging that all claims of the asserted patents are unpatentable as obvious and not novel. Kannuu argued that Samsung violated the NDA’s forum selection clause in filing for such review. The Patent Trial and Appeal Board denied IPR for three patents (on the merits) but instituted review for two asserted patents. The Federal Circuit affirmed the denial of a preliminary injunction to compel Samsung to seek dismissal of the IPRs. IPR does not relate to the Agreement itself and is not subject to the NDA.
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