Averting A Collision Over Patent Settlement Licenses

Law360, New York (April 5, 2012, 1:31 PM EDT) -- In a recent article entitled, “A Coming Collision Over Patent Settlement Licenses?” William Sloan Coats and Jonathan Rotter highlighted an apparent ongoing controversy in patent damages litigation concerning the admissibility and use of settlement licenses in the determination of patent infringement damages.

The controversy revolves around a perceived tension between the Federal Circuit’s decision in ResQNet.com Inc. v. Lansa Inc., in which the court endorsed the consideration of settlement licenses in reasonable royalty determinations, observing that “that the most reliable license in this record arose out...
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