Intellectual Property Law

New Matter WINTER 2016, Volume 41, Number 4

Case Comments

LOWELL ANDERSON Stetina Brunda Garred & Brucker

ARBITRATION

"THE NINTH CIRCUIT AND COURTS INTERPRETING California law have held that the phrase ‘relating to’ should be given broad meaning, in contrast to other prefatory phrases, such as ‘arising under.’" An agreement providing that "any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of this Agreement shall be determined by arbitration" but stating "no arbitration shall resolve, disputes relating to issues of scope, infringement, validity and/or enforceability of an Intellectual Property Rights" did not require arbitration of patent infringement claims when the agreement was asserted as an affirmative defense and license. Verinata Health, Inc. v. Ariosa Diagnostics, Inc., 119 U.S.P.Q.2d 1441 (Fed. Cir. 2016).

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