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...