Harsh Lessons From The Rule 26 Trenches

Law360, New York (January 22, 2013, 12:47 PM EST) -- In the epic patent infringement battle fought in the Northern District of California between the two electronics titans, Apple Inc. v. Samsung Electronics Co. Ltd., Samsung suffered the consequences of failing to follow the disclosure requirements mandated by Federal Rule of Civil Procedure 26 — its CEO was not allowed to testify at trial. Apple claimed that during discovery, Samsung did not disclose as a witness under Rule 26(a)(1)(A)(i) Dale Sohn, the president and CEO of Samsung Telecommunications America.

After filing a motion to compel Sohn’s...
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