Flatspikes, LLC and its owner brought a multi-count complaint against Softspikes, LLC in a dispute involving patent ownership rights, licensing fees, etc. The original asset purchase agreement between the parties contained a forum selection clause requiring any disputes to be brought in Maryland.
In a short and to-the-point order, Judge Zobel ruled that the forum selection clause was valid (even though none of the parties were located in Maryland), and that the majority of counts in the complaint related to the subject matter of the agreement and therefore must be brought in Maryland. Those counts were dismissed. The counts not subject to the forum selection clause were also dismissed, though for other grounds including failure to state a claim. The court also ordered the plaintiff to show cause why counts against certain individuals should not be dismissed due to plaintiff’s failure to serve those individuals within the 120 days allowed by Fed. R. Civ. P. 4(m).
Curley v. Softspikes, LLC, 09-11451-RWZ (D. Mass. June 21, 2010)
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