Tag Archives: License Agreement

Federal Circuit Refuses To Find Implied License For Endo Opana Patents

In Endo Pharmaceuticals, Inc. v. Actavis, Inc., the Federal Circuit reversed the district court’s decision denying Endo’s motion for summary judgment of infringement based on an implied license. The Federal Circuit found that Roxane and Actavis did not have an express or implied license to practice the Endo Opana patents at issue, even though they … Continue reading this entry

Federal Circuit Upholds Fee-Shifting Terms Of Settlement Agreement

In Buckhorn Inc. v. Orbis Corp., the Federal Circuit reversed the district court’s refusal to enforce the fee-shifting terms of a licence and settlement agreement. The district court found that the terms did not apply because the new action was not brought to enforce the agreement, and also considered that the fee-shifting terms were unenforceable … Continue reading this entry

Federal Circuit Holds That Negotiations Underlying Settlement Agreements Can Be Discovered

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 … Continue reading this entry