les Nouvelles - June 2013

Recent U.S. Court Decisions And Developments Affecting Licensing

John C. Paul

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

D. Brian Kacedon

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Article III of the U.S. Constitution requires an actual “case” or “controversy” before the judicial branch has authority to adjudicate a legal dispute. This requirement applies at all stages of litigation, and an ongoing dispute can become moot when there is no longer a live case or controversy. It is well settled, however, that a defendant cannot moot a case simply by ceasing its unlawful conduct once sued, leaving open the possibility that the defendant will resume its wrongful conduct after the case has been declared moot.

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