Patent Settlement Agreement and Release
(Pro-Patent Owner)

Summary

This Patent Settlement Agreement and Release (Pro-Patent Owner) template is for use as a starting point when drafting a settlement agreement that settles a pending patent infringement litigation in a U.S. district court on behalf of a patent owner. The template includes drafting notes with practical guidance and alternate clauses. The agreement includes the settlement of a claim of patent infringement by the patent owner and any counterclaim of patent invalidity and/or unenforceability by the alleged infringer. While the agreement is drafted from the point of view of the patent owner, it aims to be reasonable from the point of view of either party. In particular, the agreement provides for a lump-sum payment for past infringement and/or as an up-front payment for a continuing license if the patent owner agrees to license the alleged infringer as part of the settlement. This could be combined with or replaced by the payment of an on-going royalty. The agreement contains other ...