Calypso Wireless (fka CLYW)

[Cougar6]

A settlement does not even preclude T-Mobile from later claiming the patent is invalid unless the language of the settlement expressly includes it.

Baseload Energy, Inc. v. Roberts, Case No. 2010-1053 (C.A. Fed., Sep. 9, 2010)

"Baseload Energy, Inc. (“Baseload”) sought a declaratory judgment that U.S. Patent No. 6,781,254 (“the ’254 patent”) owned by Bryan W. Roberts (”Roberts”) was invalid and unenforceable. On summary judgment, the district court held that the terms of a 2008 Settlement Agreement (the “Settlement Agreement”) barred “all claims between the parties,” including the present action. See Baseload Energy, Inc. v. Roberts, 654 F. Supp. 2d 21, 27 (D.D.C. 2009). We reverse, because we conclude that the language of the Settlement Agreement did not release either claims of infringement of the ’254 patent or the accompanying defenses of invalidity or unenforceability.

https://www.judicialview.com/Court-Cases/Patent/Patent-Claims-Not-Precluded-by-Settlement-Agreement//48/14207

If you really want more info:

http://heinonline.org/HOL/Page?handle=hein.journals/aiplaqj15&div=19&g_sent=1&collection=journals