The cash a company receives in a settlement to offset damages it owes to another company qualifies as monetary damages, the U.S. Court of Appeals for the Third Circuit has ruled in a split precedential decision. In issuing the opinion, the appellate court reversed a U.S. District Court for the District of Delaware decision denying the claims of inventor G. David Jang that Boston Scientific Corp. violated an agreement to share with him any damages it recovered from patent litigation.
Third Circuit: Offset Settlements Are Monetary Damages
Delaware Business Court Insider
September 18, 2013