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Archived updates for Tuesday, January 16, 2007

Patentee's Covenant Not to Sue for Ending Litigation

Acccording to Nancy G. Tinsley writing for Patent Strategy & Management on January 8, 2007, when a patentee may want to end litigation before a judgment, a covenant not to sue will strip the court of its jurisdiction to hear the case and abruptly end the litigation, usually without any requirement that the patentee pay the accused infringer's fees or explain its reasons:

. . . A covenant not to sue provided anytime prior to judgment will divest the court of jurisdiction, even one delivered just prior to or during trial. Grain Proc., 840 F.2d at 906; True Center, 402 F. Supp.2d at 1099-1100. However, a covenant given after a jury verdict is too late. Fort James Corp. v. Solo Cup Co., 412 F.3d 1340, 1348 (Fed. Cir. 2005). . . .

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