A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Offer of Judgment

A few months ago, we covered Inkit, Inc. v. Airslate, Inc., C.A. No. 23-793-RGA (D. Del. Mar. 26, 2025).

As a brief refresher, that case dealt with a claim that airSlate breached a settlement agreement resolving a trademark dispute. In filing the complaint, Inkit included an almost totally unredacted version of the settlement agreement, which had a confidentiality provision. Accordingly, airSlate counterclaimed for breach of the confidentiality provision.

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At the time the Court had ruled on summary judgment that all the elements of breach were proven except for damages (naturally a pretty tough thing to prove in this situation absent an actual settlement offer from another party asking for the …