In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to the issue of the reasonable royalties that may be owed by a different infringer of the same patent(s). Last week, in In re MSTG, Inc., the court took that decision one step further by holding that communications underlying such settlement agreements may be discoverable.
My colleagues Jeanne Gills and Barry Grossman wrote about this case in a Foley & Lardner LLP Legal News article. You can read my sysnopsis and analysis of this case on Kluwer Patent Blog.
It will be interesting to see if this case has an impact on settlement negotiations. For example, patent holders may have a particular interest in creating a “record” that will support their position in subsequent litigation, but settling parties also may want to set the tone for whether a subsequent infringer—and likely competitor—will be subject to the same royalty rate.
Please welcome Andrew Baluch as a new contributing author for PharmaPatentsBlog!
There is a lot to like about the USPTO’s proposed rules for the new patent trial proceedings that the Patent Trial and Appeal Board (PTAB) will conduct under the America Invents Act (AIA). On the whole, the proposed rules released last month appear to be sound, well-written, and based largely on the “Standing Order” governing current Interference proceedings. The team of administrative judges that drafted the proposals should be commended for their work.
But, as with any project of this size, there is bound to be some oversight and possible overreach. After studying the seven Federal Register notices spanning 133 pages that comprise the post-grant rules packages, I particularly was struck by three specific proposed rules. As explained below, these three proposed rules appear to be unnecessary, unsupported by the law, and should be dropped. The USPTO would be doing everyone a favor, including itself, if it simply omits the following from its final rules.Continue reading this entry