Tag Archives: 1782

Case of the Day: Mees v. Buiter

The case of the day is Mees v. Buiter (2d Cir. 2015). This is the second significant appellate decision on § 1782 in a matter of days—I covered the new Posco case last week. Willem H. Buiter had made accusations against Heleen Mees that had led to her being arrested and charged with misdemeanors for stalking, menacing, and harassment in New York. Buster had claimed that Mees “had sent him thousands of emails and on several occasions attempted to meet him at his residence, despite numerous requests that she cease all contact with him.” He also claimed that her expressed wish that his “plane falls out of the sky” or her “sending him a picture of dead birds” caused him to fear for his safety. There were some racy bits too, which I won’t cover here. Because of the parties’ prominence—both are prominent economists, and Buiter coined the term “Grexit”—the case was covered in the press. The criminal case ended with an adjournment in contemplation of dismissal, contingent on Mees’s agreement to participate in counseling and to comply with an order of protection Buiter and his wife had obtained.

Mees brought a § 1782 application, seeking discovery from Buiter “as part of her Dutch attorneys’ investigation of a defamation claim against Buiter” in the Netherlands “and to prepare for the prosecution of such claim.” The basis of Mees’s claim was that she wasn’t a stalker, but instead, she and Buiter had “regularly had romantic encounters.” She wanted discovery in order to corroborate her claim that she had met Buiter on twenty-seven “Romantic Encounter Dates.”
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Case of the Day: In re POSCO

The case of the day is In re POSCO (Fed. Cir. 2015). I first noted the case back in April, and I covered the government’s amicus brief a few weeks later.

The question in the case is this: if I produce documents to you in a US litigation subject to a protective order requiring you to use them only for purposes of the US litigation, and after you receive them you ask the court to modify the protective order to allow you to use them in a related foreign litigation whose procedures wouldn’t have allowed you to obtain them in discovery, what standard should the court use in deciding whether to modify the protective order? You’ve just performed a bait-and-switch; does the fact that the other litigation is pending abroad change how the court should view your request?
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Case of the Day: Akebia Therapeutics v. Fibrogen

The case of the day is Akebia Therapeutics, Inc. v. Fibrogen, Inc. (9th Cir. 2015). Fibrogen, a San Francisco biotech company, owns European and Japanese patents on the use of certain chemical compounds to treat anemia. Akeiba, a competitor, brought opposition proceedings in the European Patent Office and the Japanese Patent Office, asserting that the patents are invalid. Akeiba brought an application under § 1782 seeking leave to serve subpoenas for documents and testimony on Fibrogen. The judge granted the application ex parte, and Fibrogen appealed.
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