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Promises, Promises: Cutting Off Unwanted Patent Litigation With a Covenant Not to Sue

Many innovators seek patent protection for their ideas, while ardently hoping that they will not be forced to sue to enforce their rights. Most patentees prefer to spend their time and money on continued efforts to innovate and run their businesses. Sometimes, however, patent owners find themselves...

Controversy Requirement Debated Before Supreme Court In Trademark Case

WASHINGTON, D.C. - ( Mealeys ) The Second Circuit U.S. Court of Appeals properly found standing lacking in a trademark infringement case by virtue of a covenant not to sue, an attorney for Nike Inc. told the U.S. Supreme Court yesterday ( Already LLC d/b/a YUMS v. Nike Inc. , No. 11-982, U.S. Sup...

Supreme Court Affirms: Trademark Case Mooted By Covenant Not To Sue

WASHINGTON, D.C. - ( Mealey's ) The Second Circuit U.S. Court of Appeals properly rejected trademark counterclaims levied against Nike Inc. where a covenant not to sue entered into by the counterclaimant extinguished any justiciable controversy between the two, the U.S. Supreme Court held today...

Eric E. Bensen on The Supreme Court's Decision Respecting the Impact of a Covenant Not to Sue on a Defendant's Standing to Seek a Declaratory Judgment of Trademark Invalidity

Can a trademark owner avoid a declaratory judgment that its mark is invalid by granting an accused infringer a covenant not to sue and seeking dismissal of the action? In Already, LLC v. Nike, Inc. [ enhanced version available to lexis.com subscribers ], the U.S. Supreme Court answered that question...