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ARTICLE · 11 FEBRUARY 2011

Seventh Circuit Identifies Potential Abuses When Seeking US Discovery to Support Non-US Litigation

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A recent Seventh Circuit decision offers a reminder that even when proceeding before a non-US tribunal, companies located in the United States may be subject to the burdens of US discovery.

United StatesIntellectual Property
Jamison Lynch
Jamison Lynch
Laura Jensen
Laura Jensen
Jan Kraayvanger
Jan Kraayvanger
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Originally published February 7, 2011

Keywords: Discovery, section 1782, multijurisdicional proceeding

A recent Seventh Circuit decision offers a reminder that even when proceeding before a non-US tribunal, companies located in the United States may be subject to the burdens of US discovery. For corporations litigating outside the United States (e.g., multijurisdictional patent infringement litigation), 28 U.S.C. §1782 may provide a way to obtain broad discovery when another party "resides or is found" in the United States. While this can be a useful tool in a foreign proceeding, Judge Posner, in writing the panel decision, cautioned that §1782 requests may be denied if made in abuse of the statute.

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