Nike stirs up the opinions from 2012, which suggest discretion may well be the better part of valour

The Supreme Court’s affirmation of the dismissalof Nike’s own infringement suit after Nike hadissued a broad covenant not to sue not only allowedthe sportswear giant to sidestep an invalidationcounterclaim, but also suggests a route whereby rightsholders having second thoughts can withdraw tofight a different battle another day


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