Covenant not to sue


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COVENANT NOT TO SUE. This is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees not to sue the party liable to such action.
     2. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a limited time; for example, seven years.
     3.-1. Covenants perpetual not to sue. These will be considered with regard to their effect as relates, 1. To the covenantee; 2. To his partners or co-debtors.
     4.-1. A covenant not to sue the covenantee at all, has the effect of a release to him, and may be pleaded as such to avoid a circuity of action. Cro. Eliz. 623; 1 T. R. 446; 8 T. R. 486; 1 Ld. Raym 688; S. C. Holt, 178; 2 Salk. 575; 3 Salk. 298; 12 Mod. 415, 548; 7 Mass. 153, 265; 16 Mass. 24; 17 Mass. 623. And see 11 Serg. & Rawle, 149.
     5.-2. Where the covenantee is jointly and severally bound with another to the covenantor, a covenant not to sue him will be no protection to the other who may be sued on his several obligations and such a covenant does not mount to a release to him. 2 Salk. 575; S. C. 12 Mod. 551; 8 T. R. 168; 6 Munf. 6; 1 Com. 139; 4 Greenl. 421; 2 Dana, 107; 17 Mass. 623, 628; 16 Mass. 24; 8 Mass. 480. A covenant not to sue, entered into by only one of several partners, cannot be set up as a release in an action by all the partners. 3 P. & D. 149.
     6.-2. Covenant not to sue for a limited time. Such a covenant does not operate as a release, nor can it be pleaded as such, but is a covenant only for a breach of which the obliger may bring his action. Carth. 63; 1 Show. 46; Comb 123, 4; 2 Salk. 573; 6 Wend. 471.

References in periodicals archive ?
If you have not yet received the Notice of Proposed Settlement of Class Action ("Notice"), which more completely describes the Settlement and your rights thereunder, and a Claim Form, Release and Covenant Not to Sue, you may obtain copies of these documents by identifying yourself as a member of the Class and by writing to, telephoning or going on the Internet at:
No allegation of infringement is made by or on behalf of seller, nor is any license or covenant not to sue available from seller.
Affymetrix also granted Illumina a perpetual covenant not to sue for making, using or selling any of Illumina's current products, evolutions of those products and services related thereto.
8, 2011 /PRNewswire/ -- ICAP Patent Brokerage, a division of ICAP plc and the world's largest intellectual property brokerage and patent auction firm, announces an addition to the first ever Covenant Not to Sue (CNS) auction to be held September 27-29, 2011 in Los Angeles.
In exchange for the payment, Affymetrix granted Illumina, its affiliates and its customers a perpetual covenant not to sue for making, using or selling any of Illumina's current products, evolutions of those products and services related thereto.
20, 2015 /PRNewswire/ -- Mindray Medical International Limited (the "Company", NYSE: MR), a leading developer, manufacturer and marketer of medical devices worldwide, announced today that the company and various of its subsidiaries (collectively, "Mindray"), have entered into a Settlement and Covenant Not to Sue Agreement with Masimo Corporation and various of its subsidiaries (collectively, "Masimo") whereby Mindray and Masimo have each agreed to settle and dismiss, as applicable, their patent, contract and anti-trust claims and counterclaims in the U.
1 sends demand letters requiring the payment of $40,000 each in exchange for a covenant not to sue.
Under the proposed settlement, the United States will provide Derby with a covenant not to sue or take administrative action against it for past response costs incurred at the Site prior to Aug.
Samsung Techwin received a very limited covenant not to sue on current Samsung products in the United States marketplace.
He acknowledged signing a release that cited warnings and risks of exposure to a taser and a covenant not to sue and a hold harmless clause.
Furthermore, the American Natl Bank & Trust Co rule "'stands regardless of whether the plaintiff's covenant not to sue the agent expressly reserves the plaintiff's right to seek recovery from the principal.
Although Isola will not grant a license for a US patent to ITEQ, Isola did grant ITEQ a covenant not to sue, provided ITEQ's chemical formulations conform to specific confidential restrictions.

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