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Case of the Day: Autodesk v. ZWCAD
The case of the day is Autodesk, Inc. v. ZWCAD Software Co. (N.D. Cal. 2015). The claim was for copyright infringement and trade secret misappropriation; Autodesk claimed that ZWCAD, a Chinese firm, had committed a “wholesale theft of its proprietary source code.” There was a protective order in the case, but ZWCAD claimed that it……
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The Government’s Amicus Brief In POSCO
I noted the Federal Circuit’s curiosity about § 1782 in In re POSCO, a mandamus case in which the court, sua sponte, asked the parties and then the government to brief the question whether § 1782 is the exclusive means to obtain evidence for use in a foreign proceeding.
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Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation
A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The……
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Case of the Day: Tansey v. Cochlear Ltd.
The case of the day is Tansey v. Cochlear Ltd. (E.D.N.Y. 2014). The plaintiff, Jeanini Tansey, had a cochlear implant manufactured by Cochlear Ltd., a New South Wales company, to treat her deafness. She alleged that Cochlear had failed to comply with FDA requirements and that the device cracked and stopped working. The device had……
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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……