Tag Archives: Settlement

Inter Partes Review -- Parties Favor Settlement Over Board Decisions

Now that we have a growing body of statistics on the Inter Partes Review proceedings created by the America Invents Act, it is interesting to see how the proceedings are being resolved. With the significant attention given to Patent Trial and Appeal Board (PTAB) decisions, it may come as a surprise to learn that a … Continue reading this entry

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 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

Stand-Off On Diligence Provisions: Depomed and Abbott Terminate License Agreement

On March 16, 2011, Depomed, Inc. disclosed in an SEC filing that it entered into a Settlement Agreement with Abbott Laboratories to terminate an exclusive license agreement between the parties relating to Depomed's gabapentin product. I have been paying close attention to this situation because it involved a potential dispute between the parties as to the meaning of diligence provisions in the license agreement. … Continue reading this entry