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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
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Supreme Court Grants Petition for Cert in Already, LLC v. Nike, Inc.: Potential Ramifications for Covenants Not to Sue in Patent Cases
On June 25, 2012, the Supreme Court granted certiorari in Already, LLC v. Nike, Inc., No. 11-982, on the issue of whether a federal district court is divested of Article III jurisdiction over a party’s challenge to the validity of a federally registered trademark if the registrant promises not to assert its mark against the party’s then-existing commercial activities. The issue in Already concerns a tactic commonly used in trademark cases: the holder of a trademark registration signs a covenant not to sue the alleged infringer so as to divest the district court of jurisdiction over the infringer’s declaratory judgment Read More »
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