Settlement Agreement Moots An Action, Even If It Requires Future Performance

The district court granted a party's motion for summary judgment of noninfringement—after the parties had entered into a settlement agreement.  The Federal Circuit vacated and remanded in Serta Simmons Bedding, LLC v. Casper Sleep Inc., Nos. 19-1098, 19-1159 (Feb. 13, 2020).

Serta alleged that Casper infringed its mattress patents.  Casper moved for summary judgment of noninfringement.  On June 18, 2018, with those motions still pending, the parties entered into a settlement agreement that, among other things, required Casper to stop manufacturing and marketing certain products by mid-July and pay a settlement amount by June 28, 2018.  Two days later, without mentioning the settlement, the court granted Casper's summary judgment motions.  Casper then refused to pay.