id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18399	Pittman, Dylan	Allowing Patent Validity Challenges Despite No-Challenge Clauses: Fulfilling the Will of King Lear	2015	29	.pdf	application/pdf	13707	805	63	Specifically, patent licensees should only be prohibited from challenging patent validity when such validity has already been established by a consent decree or final court order or when an NCC has been entered into mid-litigation, after the parties have had an opportunity to conduct discovery. In other words, if NCCs are held enforceable, then licensees cannot challenge patent validity in litigation, regardless of whether the licensee is the plaintiff or defendant.19 Since the U.S. Supreme Court handed down a seminal decision in 1969 in Lear, Inc. v. Adkins,20 courts have evaluated the enforceability of NCCs using a balancing test, with hefty values occupying both sides of the scale.21 Two arguments weigh in favor of the enforceability of NCCs.	cache/inlawrev-18399.pdf	txt/inlawrev-18399.txt