IP: Discoverability of Settlement Negotiations

While In re MSTG should not have the effect of making all settlement negotiation evidence discoverable all of the time, the Federal Circuit has made clear that such evidence is not presumptively off-limits.

May 15, 2012

The Federal Circuit Court of Appeals’ April 9 opinion in In re MSTG, Inc. has parties to patent license agreements thumbing through their files to see what exactly was said in the settlement negotiations that led to those licenses. In In re MSTG, the Federal Circuit addressed a petition for a writ of mandamus brought by a patent holder that had been ordered by the district court to produce to AT&T, an accused infringer, all communications the patent holder had with six companies that had previously taken licenses.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

June 11, 2024
May 17, 2024
Warzone Clash: When Does a Video Game Title Cross the Line Into Trademark Infringement?
David Martinez, Navin Ramalingam - Los Angeles & San Francisco Daily Journal
March 2024
e-Commerce: Pitfalls and Protections
David Martinez, Zac Cohen - Los Angeles Lawyer
March 22, 2024
‘In re Cellect’:
Derrick Carman - New York Law Journal
March 14, 2024
How Many Cases Have You Tried to a Verdict?
Gabriel Berg, Lauren Coppola - New York Law Journal
Back to Top