United States Federal Circuit

In a patent license dispute that the defendant sought to have arbitrated, the district court's order compelling arbitration is affirmed, where: 1) the plain language of the parties' contract showed that arbitration was mandatory, not permissive; 2) there was no assignment of the contract, and the defendant remained a corporation in good standing; 3) the arbitration provision encompassed the dispute; 4) limitations on discovery in the contract did not warrant a departure from the Federal Arbitration Act's mandate to enforce arbitration provisions; 5) the district court's duty to compel arbitration was not altered by the fact that nonarbitrable claims would remain pending in the district court; and 6) various equitable defenses were for the arbitrator to decide.

Appellate Information

• Decided 03/28/2012
• Published 03/28/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James R. Troupis, Kristine E. Johnson