A Snapshot Of The Post-MSTG Landscape

Law360, New York (February 26, 2013, 12:24 PM EST) -- The Federal Circuit rarely weighs in during the rough and tumble of discovery in patent cases. However, in April 2012, the Federal Circuit issued an opinion in In re MSTG, 675 F.3d 1337 (Fed. Cir. 2012), holding that there was no “settlement negotiation” privilege precluding the discoverability of settlement license negotiation documents. The Federal Circuit’s opinion was, for many, a shock to the system given the common assumption that documents reflecting settlement negotiations were off limits.

In re MSTG did not delineate clear boundaries on the...
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