United States Second Circuit

In a case where the parties entered into a settlement agreement after an accusation of infringement by the patent owner but prior to any litigation, the District Court's dismissal of the action is affirmed, where under the Supreme Court's decision in Lear, Inc. v. Adkins, 395 U.S. 653 (1969), a clause in a settlement agreement that bars a patent licensee from later challenging the patent's validity is void for public policy reasons if the settlement was entered into prior to the initiation of litigation between the parties.

Appellate Information

• Decided 07/10/2012
• Published 07/10/2012

Judges

• GERARD E. LYNCH

Court

• United States Second Circuit

Counsel