Alpex Computer Corp. v. Nintendo Co., Ltd.

770 F. Supp. 161 (1991)

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Alpex Computer Corp. v. Nintendo Co., Ltd.

United States District Court for the Southern District of New York
770 F. Supp. 161 (1991)

SC

Facts

Alpex Computer Corporation (Alpex) (plaintiff) believed that several video game companies were infringing on its patent. As part of its efforts to combat the infringement, Alpex sent a letter to each of the companies offering to negotiate a license to continue to use the patent rather than bringing a suit for infringement. These letters resulted in several license agreements, but Alpex also sued several companies that did not agree to the license. Most of these lawsuits resulted in settlements prior to trial. After Alpex began settling with companies, it disclosed the fact of and the terms of the settlements with other companies. Nintendo sought to introduce Alpex’s letters offering licenses and documentation of the settlements into evidence. Alpex filed a motion under Federal Rule of Evidence 408 (Rule 408) to exclude all evidence related to its attempts to settle claims related to the patent. Nintendo argued that Alpex’s disclosure of its settlements waived any protection that Rule 408 would have afforded.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

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