1782 U.S. Discovery: Strategic Gathering of Evidence for Imminent or Pending European (Patent) Litigation

Finnegan partners Benjamin Cassady and Lionel Lavenue will discuss “1782 U.S. Discovery: Strategic Gathering of Evidence for Imminent or Pending European (Patent) Litigation” at a joint Finnegan and Bardehle Pagenberg hybrid seminar. 28 U.S.C. §1782, a federal statute, allows discovery in the U.S. for use in imminent or pending litigation outside the U.S. It provides a powerful tool particularly in patent litigation matters and is available for both sides, plaintiffs as well as defendants.

For instance, plaintiffs can use it to gather infringement evidence and/or business information relating to the scope of infringement. Defendants can use it to obtain licenses and/or opinions, risk assessments, or prior art in the possession of the patent holder.

It might be particularly useful in the context of upcoming UPC patent litigation. However, this type of discovery is not limited to patent litigation matters – it can be used more broadly in other matters as well such as trade secrets, antitrust, or commercial litigation.

Discussion will include:

• Typical case scenarios and benefits
• Requirements and strategic preparation
• Scope of relief
• Timing and costs
• Anonymized real-life examples, experiences, and anecdotes

The program will take place virtually and in-person at the Munich office of Bardehle Pagenberg. For more information, or to register, please see Bardehle Pagenberg’s website.