SMITH, KATZENSTEIN & JENKINS LLP OBTAINS AN ANTI-SUIT INJUNCTION STOPPING AN ACTION AGAINST ITS CLIENTS IN TAIWAN.

In InterDigital v. Wistron, Smith Katzenstein, working on behalf of the plaintiff, obtained a temporary restraining order requiring Wistron to stay an action brought by it in Taiwan. InterDigital, Inc. v. Wistron Corp., 2015 WL 4055373 (Del. Ch. July 2, 2015). InterDigital initiated the action in Delaware’s Court of Chancery on June 5, but Wistron removed the matter to the District of Delaware on June 11. Relying on a forum selection clause giving InterDigital the right to select a “State or federal court[]” in Delaware, InterDigital moved for an emergency order remanding the matter and, seven days after the removal, the District of Delaware remanded the matter after finding that “it would seem odd for parties who ‘irrevocably consent’ to sue one another (if at all) in Delaware federal or state court to also agree that they can challenge (by way of removal) each others’ decision to file in Delaware state court.” InterDigital, Inc. v. Wistron Corp., 2015 WL 4537133, at *1 (D. Del. June 18, 2015).

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