INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Finds Settlement Negotiations Discoverable

    11 April 2012
    In a ruling of first impression, the Federal Circuit confirmed that settlement negotiations related to reasonable royalties and damage calculations are discoverable. The Court rejected plaintiff MSTG, Inc.’s argument that such negotiations are protected by a settlement negotiation privilege. In re MSTG, Inc., Misc. Docket No. 996 (Fed. Cir. April 9, 2012).