Intellectual Property Law
New Matter WINTER 2022, VOLUME 47, EDITION 4
Content
- 2023 New Matter Author Submission Guidelines
- A High Voltage Copyright Matter
- Caredx Inc., the Board of Trustees of the Leland Stanford Junior University V. Natera, Inc. and Eurofins Viracor, Inc.
- Copyright Commons
- Ethics of Social Media For Lawyers: Where Stunting For the Gram Meets Losing Your Bar Card
- How Can We Help Our Clients Keep Up With Privacy Laws?
- Intellectual Property Rights and the Russia-ukraine War
- INTELLECTUAL PROPERTY SECTION Executive Committee 2022-2023
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2022-2023
- INTELLECTUAL PROPERTY SECTION New Matter Editorial Board
- Ip and Art: An International Perspective
- Laying Down the Rules of the Road For Joint Ventures To Minimize Trade Secret Misappropriation Risk
- Letter From the Chair
- Letter From the Editor-in-chief
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- Trade Secret Report
- Ttab Decisions and Developments
- Federal Circuit Report
FEDERAL CIRCUIT REPORT
Aisha Mahmood Haley
Reichman Jorgensen Lehman & Feldberg LLP
A TRAP FOR THE UNWARY: LEVERAGING RULE 37 TO KNOCK OUT YOUR OPPONENT’S CASE AFTER MLC INTELLECTUAL PROPERTY V. MICRON TECHNOLOGIES
In a sea of discovery, it is hard to tell what will really matter at trial. For example, most lawyers don’t see contention interrogatories as case breaking. During fact discovery, through a contention interrogatory, you can try to box in your opponent’s theories on infringement, damages, validity, and willfulness, but they will probably object—sometimes for pages. An all-too-common objection is that contention interrogatories seek premature disclosure of expert opinions. After all, there is usually a separate expert discovery period where reports on most issues in patent cases are exchanged.
And everyone has experienced a Rule 30(b)(6) deposition where the witness is totally unprepared on the designated topics. Apart from protesting to keep the deposition open (and maybe, if it’s important enough, moving to compel), there’s not much you can do about it.