James T. Hosmer

Posts by James T. Hosmer:

The United States Court of Appeals for the Federal Circuit Finds Settlement Negotiations are not Protected by a Settlement Negotiation Privilege

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June 5, 2017

Damages Expert Witnesses Scott D. Hampton, James T. Hosmer, and Karen H. Romrell explore the discoverability of settlement negotiations and the reasonable royalty calculations therein, reviewing the impact of In re MSTG and other recent cases. Such discoverable evidence may underscore a patent’s commercial value or have Daubert challenge implications. Attorneys should be careful when considering whether to expose its damages experts to settlement negotiations.

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