Patent Settlement Agreement and Release
(Pro-Accused Infringer)


Summary

This Patent Settlement Agreement and Release (Pro-Accused Infringer) form is for use as a starting point in drafting a settlement agreement and release that settles a pending patent infringement action in a U.S. District Court. It includes drafting note with practical guidance.This form 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. The agreement is drafted from the point of view of the alleged infringer but 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 an up-front payment for a continuing license if the patent owner agrees to grant a license to the alleged infringer as part of the settlement. This could be combined with or replaced by the payment of an on-going royalty. The form includes an alternative provision that could be used in a case where the alleged ...