News & Analysis as of

Mootness Nike Supreme Court of the United States

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2021 #2

ABS Global, Inc. v. Cytonome/ST, LLC, Appeal No. 2019-2051 (Fed. Cir. Jan. 6, 2021) For the second time in two weeks, our Case of the Week concerns issues relating to Article III justiciability of an appeal from an IPR...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2013

Fenwick & West LLP on

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

Morgan Lewis

Enforcement Implications of Already, LLC v. Nike, Inc.

Morgan Lewis on

Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more

Pillsbury Winthrop Shaw Pittman LLP

A Covenant Not to Sue May Avoid Invalidity Claims

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

Fenwick & West LLP

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

Fenwick & West LLP on

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

McDermott Will & Emery

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

McDermott Will & Emery on

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

Foley & Lardner LLP

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

Foley & Lardner LLP on

In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more

Foley Hoag LLP - Trademark, Copyright &...

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more

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