The case of the day is Illumina Cambridge Ltd. v. Complete Genomics, Inc. (N.D. Cal. 2020). I last wrote about the case a couple of months ago. In most respects, it is a typical Section 1782 case, but I want to call two points to your attention.
The case of the day is Illumina Cambridge Ltd. v. Complete Genomics, Inc. (N.D. Cal. 2020). I last wrote about the case a couple of months ago. In most respects, it is a typical Section 1782 case, but I want to call two points to your attention.
The case of the day is Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP (N.D. Ill. 2020). The case was “a trademark battle over the packaging and advertising for organic hemp cigarette rolling papers.” It’s pretty common in intellectual property cases to have parallel proceedings pending in the United States and elsewhere, and that was so here: there was a parallel case in Germany. The defendant, HBI, brought a § 1782 application as a motion in the US case rather than as a stand-alone application. It sought discovery of material that had already been produced in the US discovery but that was subject to a protective order and could not, therefore, be used in the German case.
Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not…
Tagged: Forum Selection Clause, Germany