The U.S. Supreme Court has held that defendant’s claim of trademark invalidity of Nike’s registered AIR FORCE 1 sneakers was moot due to Nike’s covenant not to sue defendant Already with respect to Already’s existing footwear and any “colorable imitations” in the future. … [Read more...] about Nike's Covenant Not To Sue Destroys Declaratory Judgment Counterclaim
Covenants Not to Sue Are Similar to Patent Licenses
In TransCore LP vs. Electronic Transaction Consultants Corporation ("ETC"), Case No. 20081430 (Fed. Cir. April 8, 2010) (available here), the Court of Appeals for the Federal Circuit held that a covenant not to sue, given in an earlier patent infringement settlement by patent … [Read more...] about Covenants Not to Sue Are Similar to Patent Licenses
