Already v. Nike Decision Takes Middle Ground by Tightening Standards for Covenants Not to Sue But Refusing to Expand Standing to Challenge Validity

摘要

Those are the magic words in The Wizard of Oz that if spoken by Dorothy, while wearing the ruby red slippers, would immediately transport her home. After a January decision by the U.S. Supreme Court, there are apparently now magic words for an intellectual property owner that would allow it to levy accusations of infringement and, then-if threatened with having its intellectual property invalidated-to pack up and go home by mooting its case before the issue gets decided.