Following plaintiff Inline Plastics’ agreeing to a broad covenant not to sue defendant Lacerta on some, but not all, of the asserted patents, Judge Guzman granted in part Inline’s motion to dismiss a number of Lacerta’s declaratory judgment claims related to the patents covered by the covenant. Judge Guzman found that the covenant covered all past, present and future products and covers Lacerta, its successors and assignees, and all persons in the chain of distribution, rendering any threat of future litigation on the asserted patents toothless. She did, however, retain jurisdiction to consider whether Inline Plastics engaged in inequitable conduct in obtaining the asserted patents, which might (if found to have occurred) lead to an award of attorneys fees.
After going through many twists and turns, including an appeal to the Federal Circuit, a trial on the remaining patents is ongoing, entering its fifth day tomorrow.
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