Friday, April 6, 2012
Discoverability and Admissibility of Settlement-Induced Licenses
Since ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010) courts have been reconsidering the conventional wisdom that litigation-induced or settlement-induced license agreements are unreliable when it comes to calculating damages for infringement. The issue tends to arise in two contexts: (i) discoverability of the licenses or negotiations concerning the licenses and (ii) admissibility of that same evidence. This list provides summaries of court orders addressing the discoverability or admissibility of litigation-induced or settlement-induced license agreements and/or related negotiations since ResQNet.