Releases Can Waive Future Claims
Hollister Inc. v. Convatec Inc., No. 10 C 6431, Slip Op. (N.D. Ill. June 21, 2011) (Kennelly, J.).
Judge Kennelly granted defendant Convatec's summary judgment because of earlier settlement agreement released plaintiff Hollister's patent infringement claims involving bowel management systems as to then existing products. Here are the key holdings:
- The release provisions in the agreement made clear that the parties intended to release future sales of existing product lines.
- The accrued products did not have new, infringing features that would have brought them outside the bonds of the agreement.
- Hollister cited no case supporting its argument that in New Jersey releases would only be for past and current sales, not future.
- Hollister offered no case law supporting its arguments that a patent application cannot be released before it is issued.
