What should the papers identify?
Specify the patents, claims, products, parties, covered customers, relevant dates, and any future versions. Address past claims and future activity separately. Confirm whether the papers include a license, a release, a promise not to sue, an injunction, or some combination; the document's title is not a substitute for its terms.
Does dismissal make the settlement enforceable in federal court?
Not automatically. In Kokkonen v. Guardian Life Insurance Co. of America, the Supreme Court explained that federal enforcement jurisdiction may depend on retention of jurisdiction, incorporation of the settlement obligation into the dismissal order, or an independent jurisdictional basis. Have counsel address enforcement expressly before dismissal.
What if the consent judgment includes an injunction?
Rule 65(d) requires an injunction to state its terms specifically and describe the restrained acts in reasonable detail. Review product coverage and permitted conduct carefully. Do not assume every breach of a private covenant is a violation of a court injunction.
What practical check helps?
Test the documents against a current product, a planned redesign, a customer resale, and a later ownership change. Resolve unclear coverage in the written terms before relying on the agreement.