Fed. Circ. Sets Hurdle For Using US Discovery Overseas

By Ryan Davis (July 24, 2015, 5:34 PM EDT) -- A Federal Circuit decision in a patent case setting factors that courts must consider when deciding whether foreign courts can access documents obtained through discovery in U.S. litigation helps explain a murky area of law and may make it tough to use discovery documents overseas in many cases, attorneys say.

On Wednesday, the appeals court vacated a New Jersey judge's decision allowing courts in Japan and Korea to access confidential documents steel maker Posco produced under a protective order in a U.S. patent suit. The district court only considered whether the documents would be relevant in the foreign cases, but the...

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