Christopher M. Turoski '98
Assistant Professor of Patent Law Programs

Prof. Turoski Joins Amicus Brief in U.S. Federal Circuit Court of Appeals Supporting Petition for Rehearing En Banc in Patent Case

Prof. Turoski joined the Brief of Amici Curiae Law Professors in Support of Combined Petition for Panel Rehearing and Rehearing En Banc in DODOCASE VR, INC. fka Dodocase, Inc., v. MERCHSOURCE, LLC, DBA Sharper Image in the U.S. Federal Circuit Court of Appeals.

The brief explains that Lear, Inc. v. Adkins, 395 U.S. 653 (1969) should apply with equal strength to contracts barring AIA Trial Challenges by the licensee: “The panel’s sweeping elevation of boilerplate forum selection clause language is contrary to Congress’s clear intent to allow and even facilitate licensee validity challenges before the PTAB. Lear requires courts to consider the exceptionally important patent policy interests in validity challenges. Because the panel failed to engage in any such consideration and ignored binding precedent, this Court should grant rehearing to correct the error.”