The federal district court in Houston did not abuse its discretion in enforcing a forum selection clause between Wellogix, on one side, and SAP America, Inc. and SAP AG (collectively, “SAP”) on the other, in holding that trade secret claims brought by Wellogix against SAP were required to be dismissed because they were subject to a mandatory and enforceable German forum selection clause in the parties’ agreement, the U.S. Court of Appeals in New Orleans has decided (Wellogix, Inc. v. SAP America, Inc., May 12, 2016, per curiam). SAP did not waive that clause either intentionally or by litigating contrary to the clause in such a manner to prejudice Wellogix. Further, the district court did not err in denying Wellogix’s post-judgment motion to dismiss its trade secrets action for lack of jurisdiction.

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF