RATES TECHNOLOGY INC. v. SPEAKEASY, INC.

Docket No. 11-4462-cv.

685 F.3d 163 (2012)

RATES TECHNOLOGY INC., Plaintiff-Appellant, v. SPEAKEASY, INC., Best Buy Co., Inc., Speakeasy Broadband Services, LLC, Megapath, Inc., Covad Communications Company, Covad Communications Group, Inc., CCGI Holding Corporation, Platinum Equity, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2012.


Attorney(s) appearing for the Case

David Lazer ( Zachary Murdock , on the brief), Lazer Aptheker Rosella & Yedid, P.C., Melville, NY, for Plaintiff-Appellant.

David Leichtman ( Avani P. Bhatt , on the brief), Robins, Kaplan, Miller & Ciresi L.L.P., New York, NY, for Defendants-Appellees Speakeasy, Inc. and Best Buy Co., Inc.

David S. Elkins , Christopher D. Mays , Squire Sanders (US) LLP, Palo Alto, CA, for Defendants-Appellees Megapath, Inc., Covad Communications Company, Covad Communications Group, Inc., CCGI Holding Corporation, Platinum Equity, LLC, and Speakeasy Broadband Services, LLC.

Before: McLAUGHLIN, SACK, and LYNCH, Circuit Judges.


GERARD E. LYNCH, Circuit Judge:

This case requires us to consider whether a clause in a settlement agreement which bars a patent licensee from later challenging the patent's validity is void for public policy reasons under the Supreme Court's decision in Lear, Inc. v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1969), where the parties entered into the agreement after an accusation of infringement by the patent owner...

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