Interdigital, Inc., et al. v. Wistron Corporation, C.A. No. 15-478 – LPS, June 17, 2015.
Stark, C. J. Plaintiffs’ emergency motion to remand to the Court of Chancery is granted.
Plaintiffs seek a TRO to prevent defendant from advancing a suit in the Intellectual Property Court of Taiwan. The parties here are parties to a license with a forum selection clause whereby the parties “irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the State of Delaware.” The issue is whether that language precludes removal to the federal court after plaintiff first files in the state court. The court exercises its discretion to remand.