Ontario Court Enforces No-Challenge Clause in Patent Agreement | Bennett Jones LLP
To embed, copy and paste the code into your website or blog: It is common for patent license agreements and settlement agreements to include so called "no-challenge" clauses, in which parties agree not to attack the validity of the other's patent. However, the enforceability of such clauses has been questioned. In Loops LLC v Maxill Inc., 2020 ONSC 5438, the Ontario Superior Court enforced a no-challenge clause in a Canadian settlement agreement, in the face of ongoing litigation in the United States. The Court granted an injunction prohibiting Maxill Inc. (Maxill Canada) from attacking ...
Source: jdsupra.com