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LIRA@BC Law

Abstract

On July 10, 2012, in Rates Technology Inc. v. Speakeasy, the U.S. Court of Appeals for the Second Circuit held that no-challenge clauses in pre-litigation settlement agreements are unenforceable. In its ruling, the court determined that sharing ideas and discovering invalid patents are policy considerations that supersede spurring innovation and settling litigation. This Comment argues that spurring innovation and settling litigation are policy considerations better aligned with modern business. As a result, this Comment asserts that no-challenge clauses should be enforceable.

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File nameDate UploadedVisibilityFile size
05_Brenner_A1b.pdf
7 Sep 2022
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188 kB

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Metadata

  • Subject
    • Contracts

    • Intellectual Property Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 54

  • Issue
    • 6

  • Pagination
    • E. Supp. 57

  • Date submitted

    7 September 2022