The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement. In pharmaceutical patent cases, testing samples of a defendant’s product – or samples from a defendant’s process – can lead to crucial evidence of infringement for trial. However, as seen in the Court’s recent decision, a defendant can resist producing samples where the plaintiff only proposes “speculative undefined tests”. … Read the rest
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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the holder of a U.S. trademark can win damages for trademark infringements in foreign sales, and whether the Federal Rules of Bankruptcy Procedure or Civil Procedure govern a wrongful-death case.
Trademark infringements in foreign sales
Abitron Austria GmbH v. Hetronic International, Inc. addresses the international reach of the Lanham Act, which provides remedies for infringement of U.S. trademarks. After a dispute over … Read the rest