In Interdigital, Inc, et al. v. Wistron Corporation, C.A. No. 15-478-LPS (D. Del. June 18, 2015), Chief Judge Leonard P. Stark granted Plaintiffs’ emergency motion to remand the case to Delaware’s Court of Chancery. Plaintiffs had originally filed suit in that court, seeking a TRO and injunctive relief to “prevent Defendants from advancing suit filed in the Intellectual Property Court of Taiwan.” Id. at 1. Defendant filed a Notice of Removal, which brought the matter to the District Court. Id.
The Court concluded that a forum selection clause in a patent licensing agreement between these parties “at least arguably constitute[d] a contractual waiver” of Defendant’s right to remove the action to federal court where Plaintiffs filed suit regarding the agreement in Delaware state court. Id. at 2. The Court rejected the import of Defendant’s “premature contentions about the merits of the parties’ underlying disputes and allusions to notions of “international comity.” Id. at 3. Further, “even assuming (without deciding) that Plaintiffs are exaggerating the prejudice they are suffering from Defendant’s removal of the Chancery action and from Defendant’s initiation of litigation in Taiwan, the Court perceives no reason to exercise whatever discretion it has to keep this matter here rather than remand.” Id.
Finally, the Court denied Plaintiffs’ requests for fees and costs, finding remand to be the most appropriate and effective remedy. Id. at 4.