November 28, 2012
Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, "In re MSTG, Inc.: The Discoverability of Patent Infringement Settlement Negotiations," presented by Jared E. Hedman. The webinar will take place on Wednesday, November 28, 2012, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.
On April 9, 2012, the Federal Circuit considered a patent holder's attempt to fashion a new privilege to protect patent litigation settlement negotiations from discovery. The Federal Circuit refused to create the "settlement negotiation privilege," and also refused to disturb the district court's order to compel production relating to past litigation settlement negotiations. However, although patent litigation settlement negotiations are not protected from discovery per se, the In re MSTG case and other related cases demonstrate that the discoverability of settlement negotiations is not a cut-and-dried issue.
This webinar will discuss the In re MSTG decision and related topics, including these:
- The relevance of patent settlement negotiations to later assertions of infringement
- How previous settlement negotiations should be treated in later assertions of infringement
- Approaching patent infringement settlement negotiations with an eye toward discoverability
Our speaker will be Fitch Even partner Jared E. Hedman. Jared is a trial lawyer who, in addition to a wide range of patent infringement litigation, has represented clients in intellectual property disputes involving breach of contract, trade secrets, and copyright ownership.
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