Wednesday, April 19, 2017

Consent decree and Settlement

http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1606&context=aulr

"A consent decree is a judgment or order that reflects the settlement terms agreed to by the parties, and that contains an injunction.2"

Consent decree is ‗no more than a settlement that contains an injunction.‘‖ (quoting In re Masters Mates & Pilots Pension Plan & IRAP Litig., 957 F.2d 1020, 1025 (2d Cir. 1992))); Gates v. Shinn, 98 F.3d 463, 468 (9th Cir. 1996) (―[W]hen a decree commands or prohibits conduct, it is called an injunction.‖). When the settlement involves no injunctive relief but simply the payment of money, the often-used term is ―consent judgment.‖ See Limbright v. Hofmeister, 566 F.3d 672, 673 (6th Cir. 2009) (term ―consent judgment‖ used where monetary obligations are involved).


https://www.law360.com/articles/415119/a-snapshot-of-the-post-mstg-landscape

http://www.ipo.org/index.php/2017/02/economics-settlement-patent-litigators-need-know/

http://apps.americanbar.org/litigation/litigationnews/mobile/article-patent-settlement-confidential.html

http://federalpracticemanual.org/chapter9/section2


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