MaxPower Semiconductor, Inc. v. Rohm Semiconductor USA, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MAXPOWER SEMICONDUCTOR, INC., Case No. 21-cv-07153-VC
Plaintiff,
ORDER GRANTING PETITION TO
v. COMPEL ARBITRATION
ROHM SEMICONDUCTOR USA, LLC, Re: Dkt. No. 1 Defendant.
The Technology License Agreement between MaxPower and Rohm delegates the question of arbitrability to the arbitrator. As a result, this Court dismissed the declaratory judgment action that Rohm filed against MaxPower in the Northern District of California. See Rohm Semiconductor USA, LLC v. MaxPower Semiconductor, Inc., 2021 WL 822932 (N.D. Cal. Feb. 4, 2021). Rohm nonetheless continues to pursue invalidation of MaxPower’s patents before the Patent Trial and Appeal Board (PTAB). Thus, MaxPower now petitions this Court for an order requiring Rohm to halt its effort to convince the PTAB to invalidate the patents. For the reasons discussed in this ruling and at the hearing, the petition is granted. Because it is for the arbitrator to decide in the first instance whether the patent dispute is subject to arbitration, Rohm may not seek adjudication of the dispute in any other forum until that decision has been made. Given…