Intellectual Property News and Reports

LG Electronics, Inc. (“LG”) and the defendants are parties to an arbitration before the International Centre for Dispute Resolution. After LG filed the arbitration, the parties entered into a non-disclosure agreement, titled “Agreement Governing Confidential Settlement Communications” (the “NDA”). LG alleges in this action that the defendants, whom this decision refers to collectively as “InterDigital,” breached the NDA by submitting certain documents to the arbitrators. As a remedy, LG seeks a permanent injunction compelling InterDigital to withdraw the offending documents and to refrain from further breaches of the NDA. InterDigital has moved to dismiss on the grounds that LG‟s claims are properly before the arbitral tribunal and this court should defer to the tribunal under McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., 263 A.2d 281 (Del. 1970). The motion to dismiss is granted.

Download LG Elecs., Inc. v. Interdigital Commc’ns, Inc.