Alina

Blog Bite: What is the strategic value of an 'action for declaration of non-infringement?'

May 25, 2017

This article posted on our partner site Mondaq.com 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.

Intellectual Property
Technology
Business
Ownership of Intellectual Property
Infringement of Third Party Intellectual Property
Intellectual Property Transfer
Litigation
IP Transfer
Blog Bites
USA
Canada (General)

Written by Alina.