Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment

By Rudy Kim and Chris Han
June 01, 2020

Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. Serta Simmons Bedding, LLC v. Casper Sleep Inc., 950 F.3d 849 (Fed. Cir. 2020). The decision builds upon prior Federal Circuit case law giving effect to settlement agreements. It also highlights strategic issues to consider when engaging in settlement negotiations while dispositive motions are pending.

Background

Serta Simmons Bedding, LLC and Dreamwell, Ltd. (together Serta Simmons) sued Casper Sleep Inc. (Casper) in September 2017 in the Southern District of New York. Serta Simmons Bedding, LLC v. Casper Sleep Inc., Case No. 1-17-cv-07468 (S.D.N.Y.). Serta Simmons alleged infringement of three patents directed to mattresses that include a channel, and methods for creating those channels. The channels allow insertion of various types of reinforcement, allowing the mattresses to have varying areas of firmness.

On May 18, 2018, the parties filed motions for summary judgment. Casper filed three motions for summary judgment of non-infringement based on the court's revised claim construction. On June 18, after opposition briefs were filed (but before reply briefs were due), the parties entered into a settlement agreement and filed a joint motion to stay the litigation.

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.