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Case of the Day: Skillz Platform v. Papaya Gaming
The case of the day is Skillz Platform, Inc. v. Papaya Gaming, Ltd. (SDNY 2024). I’ve written a lot recently about the use of the Evidence Convention to take discovery from non-parties, so I thought I’d write about a case involving discovery from a party, where it’s 100% correct to look at the Aérospatiale analysis.……
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Case of the Day: South32 Chile v. Sumtomo
The case of the day is South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Mining Co. (N.Y. Sup. Ct. 2024). The case was for breach of contract; it had to do with “profits realized from operations at a Chilean gold mine.” South32 sought issuance of letters of request to three tax and financial advisory……
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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……