Artvale, Inc., Plaintiff-Appellant-Respondent v. Rugby Fabrics Corp. And Barmil Associates, Ltd., Defendants-Respondents-Appellants

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding the result would be the same under both federal and New York law
• patent infringement suit, defendant counterclaimed for breach of contract not to sue for infringement, held compulsory counterclaim
• federal law – patent infringement – and/or New York law
• “Certainly it is not beyond the powers of a lawyer to draw a covenant not to sue in such terms as to make clear that any breach will entail liability for damages, including the most certain of all — defendant’s litigation expense.”
• “Certainly it is not beyond the powers of a lawyer to draw a covenant not to sue in such terms as to make clear that any breach will entail liability for damages, including the most certain of all – defendant's litigation expense.”
• “In the absence of contrary evidence, sufficient effect is given the usual covenant not to sue if, in addition to its service as a defense, it is read as imposing liability only for suits brought in obvious breach or otherwise in bad faith—clearly not the situation here.”

Source: CourtListener parenthetical corpus (CC0).