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A Covenant Not to Sue: The Best Option for Bringing Patent Litigation to a Quick End
The patentee usually thinks its case looks pretty good when patent litigation begins. Discovery can change the patentee's outlook. A new prior art reference may create unanticipated invalidity issues. The accused infringer's product may not be what was expected, and infringement becomes questionable. The amount of recoverable damages may be less than expected and may not exceed the patentee's anticipated legal fees and expenses. In all these circumstances, and more, the patentee may want to end the litigation before judgment.
Settlement is an option, but the accused infringer is not always willing to settle or settle on terms acceptable to the patentee. The accused infringer may have invested heavily in its claim for a declaration judgment of invalidity or unenforceability and may demand its fees and expenses. If there is a pending summary judgment motion or trial is about to begin, the patentee may want to act quickly. The settlement negotiations may take too long. A covenant not to sue the alleged infringer for infringement of the patent can be the patentee's best option. The covenant strips the court of its jurisdiction to hear the case and abruptly ends the litigation, usually without any requirement that the patentee pay the accused infringer's fees or explain its reasons.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.