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  • Federal Circuit Underscores Importance Of Carefully Reviewing The Language In A Covenant Not To Sue When Entering A License Agreement

    On February 28, 2024, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Eastern District of New York’s summary judgment decision to dismiss AlexSam, Inc.’s (“AlexSam’s”) lawsuit for breach of contract against MasterCard International Inc. (“MasterCard”). AlexSam owns two U.S. patents directed to prepaid cards that can be used with point-of-sale devices. In 2005, AlexSam granted MasterCard a license to the two patents. In exchange, MasterCard agreed to pay ongoing royalties in the amount of a fee per licensed transaction. The two patents expired on July 10, 2017.

    Categories : LicensingSummary Judgment