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Marc A. Rubenstein Ropes & Gray LLP

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Second Circuit holds patent no-challenge clause unenforceable *

USA - July 16 2012
On July 10, 2012, the United States Court of Appeals for the Second Circuit held that a broad patent no-challenge clause in a Covenant Not to Sue agreement resolving a pre-litigation enforcement licensing effort was unenforceable on public policy grounds.

Co-authors: James S. DeGraw, Edward G. Black, David M. McIntosh .