By Guest Barista

Eastman's divestment of its PET business in the EU to Indorama ended up in Delaware federal court as the licensor's patent infringement action. Eastman Chemical Company v. AlphaPet Inc. et al. (09-CV-971). Named as defendants are the Indorama licensees, and affiliates, and a U.S. subsidiary, AlphaPet.

The complaint raises interesting problems about a licensor suing licensees for patent infringement along with a trade secret breach by the licensor's employees. It underscores the importance of a well thought out forum selection clause that extends to all the licensees and affiliates.

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