Using Ex Parte Seizures Abroad To Obtain IP Evidence

By Nicholas J. Boyle and C. Bryan Wilson (August 14, 2018, 1:27 PM EDT) -- The media made it sound like a paramilitary operation: "It was a daring raid carried out with military precision in a remote city of the Philippines ... . The strike involved two planes, 14 vehicles, sheriffs and lawyers, computer forensic experts, and armed guards with their firearms discreetly tucked in shoulder bags."[1] In fact, these journalists were reporting on the execution of an ex parte search and seizure order secured by CoStar Group Inc., a U.S.-based provider of commercial real estate information, to obtain evidence of copyright infringement from its competitor, Xceligent Inc. The lawsuit had been filed by CoStar in the Western District of Missouri.[2] The Philippines search netted 262 hard drives containing 35 terabytes of information. CoStar subsequently amended its complaint to include the new evidence, alleging that the evidence "confirms Xceligent's mass-piracy scheme."[3]...

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