532. Undertaking not to infringe.

532.     Undertaking not to infringe.

The court will enforce a contractual undertaking given to the proprietor of a patent not to infringe the patent if the undertaking is limited to the term of the patent1, even though the patent ceases to be in force before the end of that term2. If not so limited, the undertaking will normally be void as in unreasonable restraint of trade3. Prior specifications are not relevant to an action on such an undertaking4; nor is it open to the defendant to put validity in issue5