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Case of the Day: Motorola v. Hytera
The case of the day is Motorola Solutions, Inc. v. Hytera Communications Corp. (N.D. Ill. 2019). Motorola sought a forensic examination of several Hytera computers in China. The court denied the motion for reasons mostly having to with the timeliness of the request, which we need not consider here. But in an extended dictum, the……
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Case of the Day: Woods Hole Oceanographic Institution v. ATS Specialized
The case of the day is Woods Hole Oceanographic Institution v. ATS Specialized, Inc. (D. Mass. 2019). WHOI agreed to loan the Deep Sea Challenger, a submarine, to Australian National Maritime Museum. During transit, the submarine caught fire and was damaged. WHOI sued the museum, which is wholly owned by the Australian government, for breach……
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Case of the Day: Sudan v. Harrison
The case of the day is Republic of Sudan v. Harrison (S. Ct. 2019). I’ve covered the case several times before; my post on the Second Circuit’s decision on Sudan’s petition for a rehearing was my most recent substantive look, and guest author Jared Hubbard reported more recently on the oral argument. The case arose……
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The Carta Arbitral
I was at a talk last week at which I heard about a new procedural mechanism in Brazil that I hadn’t heard of before: the carta arbitral (the “arbitral letter”). The purpose of the arbitral letter is to give the tribunal a means of requesting assistance from a court in carrying out its orders (for……
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Case of the Day: AIS v. Thoratec
The case of the day is AIS GmbH Aachen Innovative Solutions v. Thoratec LLC (9th Cir. 2019). AIS and Abiomed Europe GmbH sought leave to take discovery under § 1782 in aid of a patent infringement case Abiomed had brought against Thoratec in Germany involving heart pumps. A magistrate judge granted the application and ordered……