Apparent Settlement Authority In A Paragraph IV Dispute

Law360, New York (January 10, 2017, 12:47 PM EST) -- The typical result in patent litigation is a settlement between the parties. In multidefendant cases, however, such settlements may be staggered, as the patentee reaches separate agreements with each of the defendants at different times. For example, during the heyday of multidefendant cases brought by nonpracticing entities, it was not unusual to see some defendants settle very early in a case, with others not reaching agreement with the patentee until the eve of trial or beyond. Sometimes, the patentee would reach an agreement with multiple defendants at once, but for the most part such a result was unusual, absent a recognition...

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