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U.S. Discovery For Use In Foreign Litigation

Law360 (March 3, 2006, 12:00 AM EST) -- One of the principal differences between IP litigation in the United States and in other countries is the greater scope of U.S. discovery. Most American lawyers are aware of the discovery tools available in U.S. litigation, but few are aware that U.S. law may permit a broad range of U.S. discovery for use in foreign litigation, at the discretion of a district judge. Indeed, judges seem more familiar with this law than most attorneys, probably because the issue arises on motion, resulting in the existence of...
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