Today, Mon., Apr. 9, 2012, in In re MSTG, Misc. No. 996, the Federal Circuit (Rader, Dyk and Moore) on mandamus affirmed a district court’s ruling that the patent owner must produce negotiation documents underlying settlement agreements, ruling that there was no settlement privilege to preclude such production.  This case will impact the usual discovery disputes about production of settlement documents, but leaves enough unanswered questions for further development and parties may alter litigation strategies accordingly.
Continue Reading Patent Alert: Federal Circuit rules no settlement privilege to preclude producing docs underlying settlement agreements (In re MSTG)