Entertainment & Sports
Mooting Declaratory Judgment Actions through Covenants Not to Sue after Already, LLC v. Nike, Inc.
Matthew K. Blackburn
Since 1991, accused infringers have to show that a covenant not to sue did not moot ongoing litigation. After the Supreme Court’s recent decision in Already LLC v. Nike, Inc., however, the IP owner has a formidable burden to show mootness under the voluntary cessation doctrine. This trademark decision may have a significant impact on patent litigation in that partial covenants not to sue may no longer moot declaratory judgment actions.