Although a plaintiff may seek to dismiss its claims of infringement without prejudice after providing a covenant not to sue, the Court has discretion to impose a dismissal with prejudice, depending on the terms of the covenant and other factors.
In that vein, the plaintiff in a patent infringement suit pending before Judge Andrews argued "that the Court should dismiss its infringement claims without prejudice because the covenant it has provided to [defendant] CSL prevents their reassertion." Judge Andrews rejected this "paradoxical" argument ...
