Wednesday, June 22, 2011

Plaintiff's Settlement Agreements with Other Defendants in the Instant Litigation are Relevant to the Calculation of Reasonable Royalty

Defendant's motion to compel plaintiff to produce its settlement agreements with two other defendants in this case was granted. "[T]he Federal Circuit’s ruling in [, Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010)] forecloses [plaintiff's] categorical contention that '[a]greements reached to resolve patent litigation are not relevant to the calculation of a reasonable royalty'. . . . [Plaintiff] has offered no argument that anything about the particular licensing arrangements contained in its settlement agreements with the [other defendants in this case] renders them irrelevant to the reasonable royalty calculation in this case; instead, [plaintiff] has relied on its faulty, blanket assertion that licenses arising from settlement agreements generally lack any relevance to a reasonable royalty determination."

Volumetrics Medical Imaging, LLC v. GE Healthcare, Ltd., et. al., 1-05-cv-00955 (NCMD June 20, 2011, Order) (Auld, M.J.)

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