Nomadix, Inc. v. Guest-Tek Interactive

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 3 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NOMADIX, INC., No. 20-56008

Plaintiff-Appellee, D.C. No. 2:19-cv-04980-AB-FFM v.

GUEST-TEK INTERACTIVE MEMORANDUM*

ENTERTAINMENT LTD.,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Argued and Submitted August 4, 2021 Pasadena, California

Before: PAEZ, CALLAHAN, and BENNETT, Circuit Judges.

In this diversity action, Nomadix, Inc. (“Nomadix”) sued Guest-Tek

Interactive Entertainment Ltd. (“Guest-Tek”), alleging that Guest-Tek had breached

the forum selection clause in the parties’ License Agreement by challenging the

validity of Nomadix’s patents before the U.S. Patent and Trademark Office’s Patent

Trial and Appeal Board (“PTAB”). The district court granted summary judgment to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Nomadix and…