Settle Trademark Infringement | Settlement Negotiations

ARTICLES

Federal Circuit patent case finds settlement negotiations not privileged; potential ramification for trademark cases

May 2, 2012

If you are in a trademark infringement lawsuit, can your opponent in that lawsuit file motions to discover details of settlement agreements around that trademark which you made with third parties?  This article points to a recent Federal Circuit decision in a patent litigation case which seems to indicate that your opponent can do this, and analyzes the court's reasoning about why such discovery is allowable. 

- Summary by FizzLaw Team

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Federal Circuit patent case finds settlement negotiations not privileged; potential ramification for trademark cases

AUTHOR

Erik Pelton

Erik Pelton