Drafting settlement and license agreements for IP litigation requires hours of research across multiple legal databases, careful citation verification, and precise language to protect client interests. Attorneys spend 6-8 hours researching standard clauses, verifying payment structures, and ensuring compliance with jurisdiction-specific requirements—time that could be spent on strategy and client counseling.
Drafting settlement and license agreements requires synthesizing complex litigation history, IP portfolios, and business terms into a single cohesive document. Attorneys spend 10-15 hours reviewing case files, researching IP rights, and crafting provisions that both resolve disputes and establish functional licensing relationships. The dual-purpose nature demands expertise in both litigation settlement and transactional licensing.
CaseMark analyzes your litigation documents, IP portfolios, and negotiation materials to generate comprehensive settlement and license agreements automatically. Our AI extracts case history, identifies IP assets, and drafts tailored provisions covering releases, license grants, royalties, and termination rights. Get a complete, professionally structured agreement in minutes instead of days.
This workflow is applicable across multiple practice areas and use cases
Draft comprehensive IP license agreements that resolve disputes while establishing ongoing licensing relationships between parties.
Settlement agreements in IP litigation frequently include licensing provisions, making this workflow directly applicable to transactional IP licensing work outside of litigation contexts.
Generate settlement agreements for commercial disputes involving trade secrets, confidential information, and business relationship disputes.
Commercial litigation frequently involves IP-adjacent issues and settlement agreements with similar structure, confidentiality provisions, and licensing components.
Draft settlement agreements for employment disputes involving trade secrets, non-compete agreements, and intellectual property ownership claims.
Employment litigation often includes IP disputes over inventions, confidential information, and proprietary materials requiring settlement agreements with licensing and confidentiality terms.
Resolve pre-closing IP disputes and draft settlement agreements addressing intellectual property representations, warranties, and indemnification issues in M&A transactions.
M&A transactions frequently encounter IP ownership disputes requiring settlement agreements that clarify rights and licenses before deal completion.
CaseMark analyzes your litigation documents to understand the dispute context, then structures the agreement to first resolve past claims through comprehensive releases before establishing forward-looking licensing terms. The AI ensures settlement provisions don't conflict with license grants and that termination clauses properly distinguish between ending the license versus preserving the settlement release. All provisions are coordinated to create a unified, internally consistent agreement.
Yes, CaseMark can draft license grants covering patents, trademarks, copyrights, trade secrets, and know-how either individually or in combination. The AI identifies the specific IP assets from your uploaded documentation and creates precise grant language with appropriate scope definitions for each IP type. You can specify whether the license is exclusive, non-exclusive, or sole, and define different terms for different categories of IP.
CaseMark supports various payment structures including lump-sum settlement payments, ongoing royalties based on sales or revenue, milestone payments, and hybrid arrangements. The AI can draft provisions distinguishing settlement consideration from license royalties, include tiered royalty rates, define royalty bases, and establish detailed accounting and audit rights. Payment terms can be customized based on your specific deal structure and tax considerations.
CaseMark incorporates jurisdiction-specific best practices for release clauses, balancing breadth for finality with specificity for enforceability. The AI drafts mutual general releases covering claims that were or could have been asserted, includes appropriate carve-outs for obligations created by the agreement itself, and adds covenants not to sue for additional protection. The release language is tailored to your governing law jurisdiction to maximize enforceability while achieving complete dispute resolution.
CaseMark structures the agreement to clearly distinguish between settlement provisions (which are permanent and survive any termination) and license provisions (which may terminate under specified conditions). The AI drafts termination clauses that specify license termination doesn't revive settled claims, includes survival provisions for key terms, and addresses post-termination obligations like wind-down periods and inventory disposition. This ensures the settlement release remains effective even if the licensing relationship ends.