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A Breach of Contract Involving Cryptocurrency as Compensation Results in $25 Million Awarded in Damages

USA - August 15 2022 An exclusive license between the parties specified that the defendant would compensate the plaintiffs through distributions of its cryptocurrency, in…

D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul, Soniya Shah

Non-Disclosure Agreement in a Transactional Negotiation Did Not Create a Fiduciary Relationship or Obligation that Could Be Imputed to an Adversary’s Counsel in Future Actions Related to Infringement or Validity of Patents

USA - August 8 2022 A non‑disclosure agreement in a financing transaction did not create a conflict of interest stemming from a fiduciary relationship or obligation for…

Shawn S. Chang, D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul

Court Rejects Two-Tiered Damages Theory of Simultaneous Hypothetical Negotiations at Two Levels in the Supply Chain

USA - August 1 2022 The Federal Circuit vacated a $1.1 billion jury verdict against defendants Broadcom and Apple, ordering a new trial on damages. The theory presented…

D. Brian Kacedon, John C. Paul

A Promise Not to Challenge the Validity or Enforceability of a Patent in a Settlement Agreement May Be Unenforceable When the Parties Are Not Settling Actual Litigation

USA - June 6 2022 A promise not to challenge the validity or enforceability of a patent in a pre-litigation settlement agreement may not be sufficient to prevent a…

Anthony J. Berlenbach, D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul

Clause in Agreement Providing for Survival of License as to Activities Occurring During the License Term Did Not Grant a Perpetual License Covering Infringing Activities Occurring after the License Term

USA - June 6 2022 A grant clause in a license agreement had a clarification that licensed activities engaged in during the term of the license survive expiration of…

Shawn S. Chang, D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul