Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014).
In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce...more
As I am writing this article, it is the day after the first week of NFL football games. The sole topic on the cover of sports websites, discussed on sports radio shows and covered on ESPN and other sports channels is the...more
Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more
Endo Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
Case Number: 1:12-cv-08060 -
Patentee Endo asked the court to rule that the protective orders in the patent infringement cases it filed...more
Following defendant Monster’s filing of a motion for summary judgment, the patentee provided declarations by two expert witnesses in opposition. Monster noticed depositions of these experts, but the patentee moved for a...more
A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v....more
Tight deadlines apply to bid protests at GAO, including the admission of consultants under protective orders to provide technical, quantitative or other specialized knowledge useful to the litigation. GAO generally allows...more
You’re litigating a case and your client dies. What do you do? What are your ethical obligations?
One of the first questions you have to ask yourself when you client dies is, “who is my client now?” The answer is...more
In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more
Plaintiff GPNE Corporation ("GPNE") filed a patent infringement action against Apple. As part of its case, GPNE wanted to retain two experts, Ghobad Heidari and Kamran Etemad, and Apple objected for two reasons. First, as...more
I've never thought much about the consequences of the violation of a Protective Order. In fact, before last week's Business Court ruling in Out of the Box Developers, LLC v. Logicbit Corp., 2014 NCBC 7, no North Carolina...more
Case Number: 1:13-cv-00746-RWS (Dkt. 29) -
Judge Sweet ordered that the parties adopt a protective order having one level, in which no documents may be shared with a party’s designees without a request to the producer...more
In Amneal Pharmaceuticals LLC v, Supernus Pharmaceuticals, Inc., IPR2013-00372, Paper 33 (March 7, 2014), the Board rejected Supernus proposed protective order which sought to create a category of highly confidential...more
In this insurance case, the trial court denied State Farm’s motion for protective order. On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the...more
To resolve Apple and Nokia's request for sanctions against Samsung from Samsung's violation of a protective order, the court ordered written discovery and depositions to determine the extent of the violation. After discovery...more
As a result of Samsung's alleged violation of the protective order, Magistrate Judge Grewal previously ordered Samsung to produce to Apple emails and communications by Samsung employees that would shed light on the scope of...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It begins our discussion of aspects of discovery unique to class...more
In Griff v. GalaxE Solutions, Inc., 2013 WL 2242656 (D.N.J. May 21, 2013), the New Jersey District Court rejected an employer’s attempt to withhold disclosure to the plaintiff of the business addresses of several of its...more
Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more
Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world....more
When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more
On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more
Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., 2013 WL 541972 (D.N.J. Feb. 11, 2013).
In this case, the defendant motioned for a protective order with regard to sixty-seven allegedly overboard search terms...more
In complex litigation, and particularly trademark, patent litigation, court reporters often are asked to designate portions of transcripts as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY. The procedure to take out the...more
Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more
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