Obtaining Section 1782 Discovery in Patent Litigation Outside the U.S.: Key Considerations and Circuit Split

This CLE webinar will guide patent counsel on obtaining U.S. discovery when involved in litigation outside the U.S. The panel will examine the use of Section 1782 applications and the potential roadblocks and challenges that litigants face. The panel will discuss how the courts have treated such discovery issues and the important considerations that litigants should weigh.

Both plaintiffs and defendants involved in litigation outside the U.S. may obtain discovery in the U.S. under 28 U.S.C. Section 1782 for use in said litigation. While it may be easy for a person or corporation to reside in a district, it may be more challenging for a person or corporation to be "found." A recent Fourth Circuit decision held that a corporation not physically present in a district is not "found" in the district for purposes of Section 1782, distinguishing the approach taken by the Second Circuit and creating an arguable circuit split. In re Eli Lilly and Co. (4th Cir. 2022).

Section 1782 is a powerful tool for those involved in patent litigation, particularly in light of the new Unified Patent Court (UPC), covering much of the EU, that is expected to open on June 1, 2023. However, when considering Section 1782 applications, it is important for practitioners to understand how different courts in different districts and circuits approach the meaning of "found."

Listen as our authoritative panel examines the use of Section 1782 applications and the potential roadblocks and challenges that litigants face. The panel will discuss how the courts have treated such discovery issues and the important considerations that litigants should weigh.