While a federal court may, according to the doctrine of the subsidiary court, remain competent to apply a concordat agreement,12 its decision to do so is discretionary.13 A federal court may therefore retain jurisdiction to the extent requested by the parties; 2) refuse the exercise of subsidiary jurisdiction as a whole or 3) change the scope of the subsidiary jurisdiction requested by the parties.13 Suppose that: the Tribunal decides to retain jurisdiction for the enforcement of the transaction. it must decide on the duration of this reservation of jurisdiction. Damages by recourse to a right of infringement A clause relating to lump sum damages has three main characteristics: (1) clear language which provides that a certain amount must be paid in the event of an infringement; 2. The amount must constitute adequate compensation for the damage expected from the infringement, measured prospectively at the time of conclusion of the contract and not a posteriori at the time of the infringement; and (3) a binding agreement prior to the facts, which must not be modified to correspond to the actual damage found a posteriori. Consider the following scenario: A and B enter into a settlement agreement to settle a family dispute. In order to give a few teeth to a non-disparagement or confidentiality provision, one party may want to set an amount that the other party would have to pay in the event of a breach of the provision. However, it may be difficult to develop a provision on lump sum damages that can be applied. The U.S. District Court for the District of New Jersey recently adopted this option in Brass Smith, LLC v. RPI Industries, Inc.,1, a patent infringement proceeding in which, pursuant to the terms of the parties` settlement agreement, the defendant was required to stop the "production, sale, offer for sale or importation" of an allegedly in infringement instrument and cease deliveries before August 15, 2012. .