LexisNexis® Legal Newsroom
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...

Divided Supreme Court Affirms In Dispute Over Patent Royalty Agreements

WASHINGTON, D.C. — (Mealey’s) Citing the principle of stare decisis , the U.S. Supreme Court on June 22 let stand its 1964 holding in Brulotte v. Thys , 379 U.S. 29 (1964), that royalties may not be awarded for patents that have expired ( Stephen Kimble et al. v. Marvel Enterprises Inc. ...