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United States Court of Appeals for the Federal Circuit
October 7, 2021, Decided
[*1104] Chen, Circuit Judge.
Kannuu Pty Ltd. (Kannuu) appeals from the district court's denial of its motion for a preliminary injunction compelling Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, Samsung) to seek dismissal of Samsung's petitions for inter partes review at the Patent Trial and Appeal Board (Board). The district court did not abuse its discretion in denying the motion. Accordingly, we affirm.
The relevant facts are not in dispute. In 2012, Samsung contacted Kannuu, an Australian start-up company that develops various media-related products (including Smart TVs and Blu-ray players), inquiring about Kannuu's remote control search-and-navigation technology. Kannuu KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. 3 and Samsung entered into a non-disclosure agreement (NDA), see J.A. 211-13, to protect confidential business information while engaging in business discussions and the like.
The NDA explains that Kannuu and Samsung "desire to disclose to one another certain Confidential Information [**3] . . . to further a business relationship between the parties . . . and to protect such Confidential Information from unauthorized disclosure." J.A. 211.
The agreement also 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 by the disclosing party except as specified in this Agreement. Additionally, this Agreement imposes no obligation on either party to purchase, sell, license, transfer or otherwise dispose of any technology, services or products, or to engage in any other business transaction. Nothing in this Agreement shall be deemed to grant to either party a license under the other party's copyrights, patents, trade secrets, trademarks or other intellectual property rights.
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15 F.4th 1101 *; 2021 U.S. App. LEXIS 30160 **; 2021 U.S.P.Q.2D (BNA) 1026
KANNUU PTY LTD., Plaintiff-Appellant v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., Defendants-Appellees
Prior History: [**1] Appeal from the United States District Court for the Southern District of New York in No. 1:19-cv-04297-ER, Judge Edgardo Ramos.
patent, forum selection clause, district court, inter partes, parties, license, infringement, review a proceeding, confidential information, patent infringement, license agreement, forum selection, transactions, preliminary injunction, petitions, disputes, review petition, non-disclosure, technology, invalidity, colleagues, proceedings, copying, rights, patent license, instituted, encompass, business relationship, breach of contract, irreparable harm
Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Remedies, Injunctions, Preliminary & Temporary Injunctions, De Novo Review, Clearly Erroneous Review, Subject Matter Jurisdiction, Jurisdiction Over Actions, Exclusive Jurisdiction, Contracts Law, Contract Interpretation, Business & Corporate Compliance, Ownership, Conveyances, Licenses, Labor & Employment Law, Conditions & Terms, Trade Secrets & Unfair Competition, Noncompetition & Nondisclosure Agreements, Preclusion of Judgments, Estoppel, Judicial Estoppel, Alternative Dispute Resolution, Arbitration, Arbitrability, Contracts Law, Contract Conditions & Provisions, Arbitration Clauses, Federal Arbitration Act, Arbitration Agreements