This article posted on our partner site reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-infringement. The article discusses the strategic value of bringing forward such a pre-emptive claim. A conclusion to draw is that, in an M&A context, the acquirer could require (or budget for) such a declaration as a post-closing condition or undertaking.



This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. The reader should also note that the laws may change from time to time, and this article may not provide up-to-date information.  It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk.  You will need to initially log in to in order to access their learning posts.