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...
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...