MSTG And The Discovery Of License Settlement Agreements

Law360, New York (April 13, 2012, 1:21 PM EDT) -- When a patentee seeks infringement damages based on a reasonable royalty, its prior license agreements invariably come front and center. In discovery, the accused infringer seeks at least those prior license agreements to analyze whether they are comparable to the hypothetical license at issue in the litigation. To establish comparability of economic circumstances, the accused infringer often also seeks documents related to the negotiations that preceded the license agreements.

The Federal Circuit’s acknowledgement in Inc. v. Lansa Inc. that the “most reliable” comparable licenses may...
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