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It said the settlement would be covered by existing litigation reserves.
While the deal deepens ties between Google and Samsung on certain technologies, they will not be able to use the patents that are covered to strengthen their case in existing litigation with other parties, according to a person briefed on the details, speaking on condition of anonymity because the agreement is confidential.
It can use this to help fight against Apple and others in existing litigation.
Lewis M. Phelps, a spokesman for the founders, said they had no comment on "rumors about the existing litigation".
If some of the victims do not file their own suits, or join in the existing litigation, they could fail to recover any money even if the bank is later held to be liable.
In addition to its cash payment, Toronto-Dominion said it would bolster its existing litigation reserves by $300 million for possible legal settlements in the class-action lawsuit filed by Enron shareholders.
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Such endeavors to reform the existing patent litigation scheme can also be seen in the academy.
In contrast to the active role undertaken by the European Commission, the U.S. legislature, though consistently preoccupied with patent reform bills that have largely floundered at the hands of interest groups, does not seem to consider patent insurance as a reliable solution to existing patent litigation problems.
The agreement will result in settlement of all existing patent litigation between the companies and withdrawal of pending actions in the US, UK and Canada related to a recent arbitration tribunal decision.
The license would settle all pre-existing litigation between the two companies.
Thus, Prof. Mullally's paper seems to suggest that the existing U.S. patent litigation system does not support the development of a sound and workable patent insurance market.
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