LexisNexis® Legal Newsroom
Communications Relating to Patent Reexamination are Privileged

Inadvertent Disclosure of Reexamination Strategies Protected by Court In Acer Inc., et al v. Technology Properties Limited LTD et al. (NDCA), the plaintiffs are seeking a declaratory judgment of non-infringement and invalidity of TPL patent 5,809,336 . Previously, the '336 Patent was the subject...

Patents Post-Grant: Discovery Practices before the Patent Trial & Appeal Board

Practitioners Preoccupied with Discovery Opportunities Generally speaking, "discovery" is a litigation process by which information or facts pertinent to a case can be systematically obtained from an opponent or third party prior to trial. Of course, discovery is not permitted in patent...

Williams Mullen: Court Allows Discovery Directly to Third-Party IT Outsourcer Because Of Party’s Inadequate Information Governance Practices; Awards Adverse Inference and Costs & Fees for Spoliation

BY: BENNETT B. BORDEN , JAY BRUDZ , MONICA MCCARROLL , BRIAN C. VICK & NEIL MAGNUSON In Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. , 2012 U.S. Dist. LEXIS 69577 (D. Neb. May 18, 2012) (Kiewit II) [ enhanced version available to lexis.com subscribers ], one of the first cases...

Troutman Sanders LLP: EDVA Court Refuses Request for Jurisdictional Discovery and Dismisses Foreign Defendant from Patent Case

by Dabney Carr As patent litigation becomes increasingly international in scope, issues of personal jurisdiction over foreign defendants arise more frequently. Judge Ellis of the Eastern District of Virginia recently dealt with an unusual issue of jurisdiction over a foreign defendant with no contacts...

Patents Post-Grant: CAFC Considers Lack of Discovery in Patent Reexamination

Federal Circuit Unlikely to Open the Door to Discovery via Subpoena in Inter Partes Patent Reexamination Generally speaking, "discovery" is a litigation process by which information or facts pertinent to a case can be systematically obtained from an opponent or third party prior to trial...