Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
7.
Discovery
7.1
Is discovery available during litigation?
 
Mexico
No, discovery is not available. The plaintiff must file, along with the infringement action brief, all available evidence that demonstrates the infringement; while the defendant must file, along with its brief of response, all available evidence to refute the grounds of infringement.

The exception to the above is supervening evidence that was not available to the plaintiff or defendant when it filed its initial brief.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
7.2
What kinds of discovery are available?
 
Mexico
As mentioned, discovery is not available in patent infringement litigation; however, if the plaintiff conducts a site inspection of the infringer’s premises, the results of this inspection may be assessed by IMPI in the infringement action.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
7.3
Are there any limitations to the amount of discovery allowed?
 
Mexico
As mentioned, discovery is not available in patent infringement litigation.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril