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Case of the Day: Nidec Motor Corp. v. Broad Ocean Motor
The case of the day is Nidec Motor Corp. v. Broad Ocean Motor LLC (E.D. Mo. 2024). This is a patent infringement case that was brought in 2013 (!). The defendants are Chinese companies that refused to comply with requests for production under FRCP 34 on the grounds that complying with the requests could cause……
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Case of the Day: Spin Master Ltd. v. Aganv
The case of the day is Spin Master Ltd. v. Aganv (S.D.N.Y. 2024). It’s one of these “schedule A” cases brought against a bevy of accused IP infringers abroad. In this case, the claim is for infringement of trademarks related to the Rubik’s Cube, and the plaintiff asserted that the defendants were in China. The……
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Case of the Day: Autotech v. Carbopress
The case of the day is Autotech Technology Development, Inc. v. Carbopress SpA (E.D. Mich. 2024). Autotech had a contract dispute with Carbopress, an Italian firm, and brought suit in federal court in Michigan. Carbopress sought issuance of a letter of request seeking to take the depositions of two witnesses in Italy. Autotech did not……
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The Special Commission on Documentary Evidence under the Evidence Convention
Today I am highlighting the conclusions and recommendations of the 2024 Special Commission relating to Article 23 of the Evidence Convention. Article 23 provides that states may, if they wish, declare that they will “not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.”……
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Case of the Day: In re SKAT Tax Refund Litigation
The case of the day is In re SKAT Tax Refund Litigation (S.D.N.Y. 2024). After a trial date had been set and long after the close of fact discovery, both sides in the case, a multi-district litigation consolidated before Judge Kaplan in New York, sought issuance of letters of request to take testimony abroad. The……