Guidelines

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato)

It is not uncommon for parties to race to file competing patent suits in their preferred districts once negotiations break down and litigation appears necessary. In some cases, recognizing that federal courts generally give priority to cases which are the “first filed” and procedurally further along, a party may attempt to delay service of an opposing party’s complaint.  That was the apparent strategy of Japan-based Godo Kaisha IP Bridge 1 (“IPB”) in its patent dispute with San Jose-based Xilinx, Inc. (“Xilinx”).  But as IPB discovered, delay tactics do not always work. READ MORE

Northern District Adds Patent-Specific Model Order Re: Discovery of ESI to Its Roster of ESI-Related Documents

As any litigator knows, discovery of electronically stored information (“ESI”), while providing benefits like keyword searching and electronic organization, can also turn into a beast because of the volume of electronically stored documents in modern businesses.  The sheer volume of ESI can substantially drive up the cost of document collection and production and insert significant delays in litigation.  To address these negative effects, in November 2012 the U.S. District Court for the Northern District released a set of best practices Guidelines for the discovery of ESI, an ESI Checklist for use during Rule 26(f) meet and confers, and a Model Stipulated Order regarding the discovery of ESI. READ MORE