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Blog Post | The Angle

Ontario Court Affirms the Enforceability of Patent No-Challenge Clauses

Fasken
Reading Time 1 minute read
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In a recent decision[1], the Ontario Superior Court of Justice, Divisional Court (the “Court”), affirmed the enforceability of patent restrictive covenants (so-called “no-challenge clauses”) in settlement agreements. In 2014, Loops L.L.C. and Loops Flexbrush L.L.C. (“Loops”) and Maxill Inc. (“Maxill”) entered into a settlement agreement to resolve a patent infringement action by Loops against Maxill. The agreement, governed by the laws of Canada and Ontario, … Continue reading Ontario Court Affirms the Enforceability of Patent No-Challenge Clauses »

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