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...

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...

Brinks Hofer Gilson & Lione: Third Circuit Issues Key Ruling Regarding "Reverse Payment" Settlement Agreements

On July 16, 2012, the Third Circuit issued a key ruling in In re K-Dur Antitrust Litigation [ enhanced version available to lexis.com subscribers ] regarding so-called "reverse payment" settlement agreements, which are not uncommon in the pharmaceutical industry. In these types of agreements...