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American Bar Association

ResQNet & Beyond: Settlement-Related Discovery & Damages Evidence; Recent Cases & Apple v. Samsung

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Overview / Abstract:

This program discusses the current state of the evolving doctrine on discovery and admittance of settlement-related evidence as proof of damages in patent litigation. v. Lansa, Inc., a landmark Federal Circuit decision, produced conflicting changes in the standards used by district courts regarding the use of settlement agreements and related negotiations. Some courts held that settlement-related evidence is fair game, while others decided that Federal Rule of Evidence 408(a)'s limited prohibition on such evidence governs. This program focuses especially on the cases following ResQNet. It includes not only recent district court cases, such as Apple v. Samsung, but also the Federal Circuit's attempts to clarify the confusion that ensued after ResQNet, which created new unresolved issues and opportunities for patent litigators.


Sep 11, 2020


Attorney , Paralegal





Credits / Hours

1.50 General CLE Credit Hours

Presenters / Authors / Faculty

Tejas Nipun Narechania

Sponsors / Supporters / Grant Providers

Center for Professional Development
Section of Intellectual Property Law

Keywords / Search Terms

American Bar Association

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