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.

23 minute read December 28, 2006 at 03:36 PM
By
Nancy G. Tinsley
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.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts
Subscribe Now

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

How Courts Interpret and Apply the Interplay Between the Bankruptcy Code and Medicare Program Act

The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

April 30, 2026

AI Transparency: Clear Explanations Matter More Than Disclosure

As AI becomes embedded in everyday business and legal operations, organizations are confronting a new expectation: simply disclosing AI use is no longer enough. A critical shift is taking place in the legal industry: transparency is no longer just about disclosure; it’s about comprehension.

April 30, 2026