Robert Vlasis’ insights were featured in an MLex article discussing whether the U.S. International Trade Commission (ITC) should continue a Section 337 trade-secret investigation involving Zync and BMW despite a forum-selection clause requiring litigation in Germany.

Robert says, "The fundamental disagreement between the parties is relatively narrow in scope because neither side argues that a private agreement divests the ITC of jurisdiction. In fact, BMW agrees that the forum selection clause cannot enjoin the Commission from investigating a Section 337 violation. The question, rather, comes down to discretion.”

Source

MLex