Nike stirs up the opinions from 2012, which suggest discretion may well be the better part of valour
The Supreme Court’s affirmation of the dismissal
of Nike’s own infringement suit after Nike had
issued a broad covenant not to sue not only allowed
the sportswear giant to sidestep an invalidation
counterclaim, but also suggests a route whereby rights
holders having second thoughts can withdraw to
fight a different battle another day
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