Agreement Not To Sue With The Patent

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Multi-State
Control #:
US-0622BG
Format:
Word; 
Rich Text
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Description

A covenant not to sue is an agreement entered into by a person who has a legal claim against another but agrees not to pursue the claim. Such a covenant does not extinguish a cause of action and does not release other joint tortfeasors even if it does not specifically reserve rights against them.

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FAQ

A release is a waiver or relinquishment of a known right. A release of liability will relinquish, or destroy, the injured party's cause of action. A covenant not to sue, on the other hand, is not a waiver of a known right; nothing is relinquished or destroyed.

In short, a patent license agreement is a legal contract created to define the terms under which a licensee may create, sell, and use a patented invention from a licensor (or patent owner). This agreement also spells out how royalties will be paid to the licensor/patent owner.

An agreement not to sue, also called a covenant not to sue, in which the party seeking damages agrees not to sue the party that it has cause against. A covenant not to sue may indicate that the potential claimant will never sue or it may indicate that the claimant will postpone a lawsuit for a defined period of time.

A covenant not to sue legally obliges a party that could initiate a lawsuit not to do so. The covenant is made explicitly between two parties, and any third party that wants to make a claim is legally allowed to do so. Covenants not to sue are used to settle specific legal issues outside of the court system.

A covenant not to sue legally obliges a party that could initiate a lawsuit not to do so. The covenant is made explicitly between two parties, and any third party that wants to make a claim is legally allowed to do so.

Interesting Questions

More info

What are these agreements? Federal Circuit Rules That an Unconditional Covenant Not To Sue Authorizes Sales For Purposes of Patent Exhaustion.("Mark IV") sometime in 2000 for patent infringement, and the suit was later resolved pursuant to a settlement agreement.

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Agreement Not To Sue With The Patent