News & Analysis as of

28 U.S.C. § 1782 Patent Litigation

Goodwin

Third Circuit Holds That Granting Discovery Under Section 1782 Is Not a “Final” Judgment

Goodwin on

The U.S. Court of Appeals for the Third Circuit recently issued an opinion holding that when a district court has ordered discovery under 28 U.S.C. § 1782, but has not yet conclusively defined the scope of that discovery, the...more

McDermott Will & Emery

Lost and “Found”: Fourth Circuit Interpretation of Discovery in Support of Foreign Litigation Opens Circuit Split

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit held that a corporation that is not physically present in a district is not “found” in the district for purposes of the federal statute that authorizes courts to order discovery...more

Robins Kaplan LLP

The First Circuit Takes Sides in the Split on Burden of Proof in Section 1782 Applications

Robins Kaplan LLP on

The First Circuit recently joined the slight majority of its sister Circuits by holding that neither party bears the burden of proof with respect to the discretionary factors analyzed on an application for discovery in aid of...more

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