This article appeared in The Intellectual Property Strategist, an ALM/Law Journal Newsletters publication that provides a practical source of both business and litigation tactics in the fast-changing area of intellectual property law, including litigating IP rights, patent damages, venue and infringement issues, inter partes review, trademarks on social media – and more.
Holding that the parties’ executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court’s decision to grant summary judgment of non-infringement despite the parties’ agreement. Serta Simmons Bedding, LLC v. Casper Sleep Inc., 950 F.3d 849 (Fed. Cir. 2020). The decision builds upon prior Federal Circuit case law giving effect to settlement agreements. It also highlights strategic issues to consider when engaging in settlement negotiations while dispositive motions are pending.