CRA Insights: Intellectual Property: June 2012

"The Federal Circuit holds that settlement negotiations are not privileged in In re MSTG, Inc."
By Kathryn L. Karn

On April 9, 2012, the US Court of Appeals for the Federal Circuit in In re MSTG, Inc. found that settlement negotiations related to reasonable royalties and damage calculations were not protected from discovery by a settlement negotiation privilege. The District Court did not abuse its discretion when it ordered the production of settlement negotiations that it found to be relevant. Although the Federal Circuit has clarified that there is no settlement negotiation privilege, courts may still limit discovery of such negotiations. Click the link below to read a summary of the opinion by Principal Kathryn L. Karn.

CRA Insights: Intellectual Property: June 2012