Court Opens Third Party's Files To Aid Private International Arbitration
Client Alert | 1 min read | 01.04.07
Crowell & Moring won a precedent setting victory on December 19, when the U.S. District Court for the Northern District of Georgia held in In re Roz Trading Ltd., No. 1:06-cv-02305-WSD, that a private arbitral panel qualified as a "tribunal" under 28 U.S.C. § 1782 thus permitting Roz to obtain documents from Coca-Cola in an international arbitration pending before the Vienna International Arbitral Centre against Uzbekistan and others. The court relied heavily on the Supreme Court's rationale in Intel Corp v. Advanced Micro Devices, 542 U.S. 241 (2004) to reject application of two prior Court of Appeals (2nd and 5th Circuits) decisions that had held Section 1782 did not apply to private arbitration, thus opening the door for government contractors who find themselves in arbitrated disputes with their foreign government customers and in need of discovery from entities located in the United States.
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Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
