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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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To Beat Twitter, Musk Must Scale Del.'s Contract Law Mountain

Law 360

Elon Musk must scale a mountain of "contractarian" jurisprudence in Delaware to escape his $44 billion commitment to buy Twitter Inc., experts say, as only one case has ever had a party successfully claim that conduct, fraud or disclosure failures justified a "material adverse effect" walkaway.

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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: Blake Brittain: Tesla, GM, Ford Supplier Beats Display Patent Claims in Delaware Trial (Source: Reuters). Curt Dodd: Interpreting, Performing and Discharging the ETSI Licensing Declaration’s Obligation for Patent Holders Under French and California Contract Law (Source: SSRN).