Protect Your Patent with a Covenant Not to Sue | Practical Law
Alleged infringers often seek covenants not to sue from patent owners as a shield against patent infringement claims. However, a patent owner may also seek to use a covenant not to sue as its own shield. This Legal Update discusses covenants not to sue generally and reasons why a patent owner may consider providing a covenant not to sue to an alleged infringer in an ongoing dispute. Understanding this tactic and its limitations provides another tool in a patent owner's toolbox to manage its patent portfolio and maintain the value of, or at least minimize damage to, its patent portfolio.