The Hon. Ryuichi Shitara (Chief Judge, Intellectual Property High Court, Tokyo, Japan) gives an insight into the practice in Japan of Court-encouraged settlement. He explains that it is not compulsory for the parties to settle and the Court (composed of three judges) can attempt to encourage it at any stage. Late stage settlement is relatively…
In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to the issue of the reasonable royalties that may be owed by a different infringer of the same patent(s). Last week, in In re…
In July 2010, the European Commission published a press release on its findings in the Report on the monitoring of patent settlements (Press release IP/10/887). Sparked by this survey, we have conducted an informal investigation into patent settlements in Denmark during the period January 2000 until January 2010, which shows that during this period in…
