Covenant Not to Sue

AuthorKenneth L. Dorsney
Pages717-717
Covenant Not to Sue
IN THE UNITED STATES DISTRICT COURT
[Name of District]
[DISTRICT COURT CAPTION]
COV ENA NT NO T T O S UE ON U. S. PAT ENT N O. 1
Plaintiff Brand, Inc. (“Brand”) and Defendant Generic, Inc. (“Generic”), by their
undersigned counsel, hereby stipulate and agree as follows:
1. This action for patent infringement (the “Action”) has been brought by
Brand against Generic for infringement of United States Patent No. 1 (“the 001 patent”).
2. Brand and Generic have entered into a Settlement Agreement, under which
Brand will grant Generic a license to the 001 patent (the “License”), pursuant to the
terms and conditions in the Settlement Agreement and License, which resolve all claims
in this Action.
3. Brand grants Generic a covenant not to sue with respect to the 001 patent
pursuant to the Settlement Agreement.
4. Brand and Generic agree to dismiss without prejudice this Action with
respect to the 001 patent.
5. Generic acknowledges that all the claims in the 001 patent are valid and
enforceable in all respects.
6. Generic acknowledges that the filing of Abbreviated New Drug
Application (“ANDA”) No. 00-001 (together with any supplements or amendments
thereto, the “Generic ANDA”) technically infringed the 001 patent under 35 U.S.C. §
271(e)(2)(A) and, in the absence of a license, that selling, offering for sale, using and/or
importing into the United States a product under or described in the Generic ANDA (the
“Generic Product”) would infringe the 001 patent.
It is so STIPULATED.
Dated: [Insert Date]
[Name of Counsel for Plaintiff]
[Name of Attorney for Plaintiff]
[Address of Counsel for Plaintiff]
[Name of Counsel for Defendant]
[Name of Attorney for Defendant]
[Address of Counsel for Defendant]
SO ORDERED:
Dated: [Date of Order] ______________________________
[Signature of Judge]
717
A-7
dor54588_24_app_663–914.indd 717 5/5/16 5:05 PM

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