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Published byJessie Little Modified over 9 years ago
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quinn emanuel urquhart & sullivan, llp | trial lawyers Los Angeles New York San Francisco Silicon Valley Chicago Washington, D.C. Tokyo London Mannheim Moscow Hamburg Paris CROSS-BORDER PATENT LITIGATION: U.S. LITIGATOR’S PERSPECTIVE Victoria F. Maroulis Quinn Emanuel
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Practical Considerations Coordination between multiple actions in different jurisdictions Differing rules and practices Use of foreign litigation developments in U.S. Courts Availability of U.S.-style discovery in foreign litigations 1
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Section 1782: U.S.-Style Discovery in Foreign Litigations Minimum Statutory Requirements Request by interested party A foreign tribunal or person with an interest in the foreign proceeding Request for document, thing, or testimony To be used in a foreign proceeding From someone that resides in the district Further Discretionary Factors Is the discovery sought available in the foreign proceeding? Is the foreign proceeding taking place in a real tribunal? Is the request just an end-run around the applicable rules? Are the requests unduly intrusive or burdensome? 2
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Unique Issues in 1782 Actions Confidentiality issues Documents governed by protective orders Sealing procedure in the foreign tribunal Discovery of documents located overseas Foreign subsidiary might have the documents Courts have been split Question appears to be discretionary and based on “control” Discoverability in the foreign tribunal Courts have been split Not considered a requirement now Admissibility in the foreign proceeding Courts have been split on this too Admissibility not considered a requirement now 3
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