ARTICLE
15 October 2020

The History And Purpose Of Section 1782: Will Courts Permit Discovery Into Documents Located Abroad?

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
For 72 years, the US has permitted foreign parties access to US discovery procedures for use in foreign proceedings. Through 28 USC §1782, parties with an interest in foreign ...
United States Intellectual Property

For 72 years, the US has permitted foreign parties access to US discovery procedures for use in foreign proceedings. Through 28 USC §1782, parties with an interest in foreign proceedings can seek documents and testimony from entities located in the US "in accordance with the federal rules of civil procedure"—that is, the same rules that govern discovery in US district courts (and the case law interpreting them).

However, despite the availability of this procedure for more than 70 years, courts differ about the basics of scope and procedure for approaching section 1782 discovery.

For example, one important question, especially for foreign parties who may take advantage of 1782 discovery, is what kind of discovery can actually be obtained under section 1782?

Read the full article here.

Originally published by World Intellectual Property Review

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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