Second Circuit ruling may have important consequences for drafting licensing, settlement and other agreements containing ‘covenants not to sue’ *

USA - July 18 2012
On July 12, 2012, the Second Circuit Court of Appeals unanimously held that patent licensing agreements reached before litigation cannot be used to bar a licensee from later challenging the validity of a patent, even if the deal is styled as a legal settlement or covenant not to sue. 

Co-authors: Benjamin L. Bernell, Andrew J. Gajkowski.