Archive | Covenant Not to Sue

The Plain Meaning of a Covenant Not to Sue

How can you draft a covenant not to sue for patent infringement without agreeing to restrictions that will prevent you from enforcing your patent rights against some unknown party in the future? In Securus Technologies Inc. v. Global Tel*Link Corp., Nos. 2016-1470, 2016-1506 (Jan 26, 2017), the Federal Circuit held that the plain and ordinary […]

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When Is a Covenant Not to Sue Like a Patent License?

Although parties often go to great pains to distinguish covenants not to sue from patent licenses, those two legal constructs may not be treated any differently by the courts. For example, in Innovus Prime, LLC v. Panasonic Corp. & Panasonic Corp. of N. Am., Inc., No. C-12-00660-RMW (N.D. Cal. July 2, 2013), the court accepted […]

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