Second Circuit Holds Clause in Patent License/Settlement Agreement Preventing Challenge to Validity of Patent Void

摘要

Recently, the US Court of Appeals for the Second Circuit ruled that: a settlement agreement which bars a patent licensee from later challenging the patent's validity is void for public policy reasons under the Supreme Court's decision in Lear, Inc. v.Adkins, 395 U.S. 653 (1969), where the parties entered into the agreement after an accusation of infringement by the patent owner but prior to any litigation.