LexisNexis® Legal Newsroom
Troutman Sanders LLP: Federal Circuit Orders Production of License Negotiation Documents in Patent Litigation

By Dabney Carr A patentee's settlement negotiations with other parties can be very important information to an accused infringer, and plaintiff-patentees will typically fight to avoid disclosure of those negotiations. In a ruling of first impression earlier today, the Federal Circuit granted...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Finds Settlement Negotiations Not Privileged

By Shane Delsman In a decision dated April 9, 2012, in In re MSTG, Inc ., the Federal Circuit held that settlement negotiations related to reasonable royalty and damages calculations are not privileged. The court first determined that Federal Circuit law applied, reasoning that the "issue...

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Extends ResQNet and Allows Discovery of Settlement Negotiations

By Ed Anderson , Martin Bader , and Matthew M. Mueller The Federal Circuit (Dyk*, Rader & Moore) recently weighed in on the long-disputed issue of privilege for settlement negotiations. On April 9, 2012, the Federal Circuit handed down its decision in In re MSTG, Inc ., Misc. Dkt. No. 996 [ enhanced...

Bensen on Settlement Negotiations with a Third Party May Be Discoverable

In light of the recent trend in patent cases towards permitting discovery of patent licenses granted as part of settlement agreements ("settlement licenses") on the grounds that such licenses are pertinent to a reasonable royalty award for the infringement of the subject patent, it was just...