Legal Opinion
Agere Systems, Inc. v. Samsung Electronics Co. Ltd.
Court of Appeals for the Fifth Circuit
Decided February 18, 2009No. 07-40984PublishedCited by 22 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
Agere Systems, Inc. sued Samsung Electronics Company LTD, alleging a breach of a patent licensing agreement. Samsung moved to compel arbitration and stay the proceedings based on an arbitration clause contained in a subsequent payment scheduling agreement. The district court denied the request, and Samsung appealed. Because we conclude that an arbitrator should determine the arbitrability of this action, we REVERSE and REMAND.
I. Background
At the center of this controversy are five agreements, each involving royalty payments. In 1990, Samsung entered into a…
2Cases cited8 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Webb v. Investacorp, Inc.Court of Appeals for the Fifth Circuit · 1996
- Worldcrisa Corporation and Crisa Corporation v. Patrick J. ArmstrongCourt of Appeals for the Second Circuit · 1997
- Piggly Wiggly Operators' Warehouse, Inc. v. Piggly Wiggly Operators' Warehouse Independent Truck Drivers Union, Local No. 1Court of Appeals for the Fifth Circuit · 1980
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3Cited by22 opinions
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- IQ Products Company v. WD-40 CompanyCourt of Appeals for the Fifth Circuit · 2017
- Shirley Douglas v. Trustmark National BankCourt of Appeals for the Fifth Circuit · 2014
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