Supreme Court Finds Article III Jurisdiction Is Lost after Covenant Not to Sue

Announcement Description

In an October 1, 2012 amicus brief, AIPLA argued to the Supreme Corut that a trademark plaintiff's covenant not to sue eliminated the Article III case or controversy jurisdction for the defendant's declaratory judgment counterclaim.
The Supreme Court held that a trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, removed the district court's Article III jurisdiction and barred its consideration of the defendant's counterclaim of trademark invalidity.  Already LLC v. Nike, Inc., U.S. No. 11-982, 1/9/2013.

For the full article, follow the link below.





Created at 1/23/2013 12:23 PM by i:0#.f|aiplamembershipprovider|060507
Last modified at 1/23/2013 12:29 PM by i:0#.f|aiplamembershipprovider|060507