A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Remote Depositions

An attorney's view after many a deposition—if you're lucky enough to catch a flight back that night.
An attorney's view after many a deposition—if you're lucky enough to catch a flight back that night. Eva Darron, Unsplash

This On Friday, Judge Wolson addressed—and rejected—an effort by an ANDA defendant to limit deposition discovery on the basis that discovery is, in its view, just not that important in an ANDA action. As set they put it:

This is an ANDA case. Black letter law holds that the infringement issues in an ANDA case are controlled by the ANDA itself. . . . Months ago, Defendants produced the ANDA and ANDA product samples from which the relevant infringement analysis must be derived. Plaintiff has now noticed the deposition of both Defendants and seven individuals. But the information that …

Fusion Medical Animation, Unsplash

Not all attorneys love remote depositions, even if they are much more convenient and practical in many cases (especially for foreign witnesses). The parties in Supernus Pharmaceuticals, Inc. v. Lupin Limited, C.A. No. 21-1293-MN (D. Del.), an ANDA case, brought two disputes before Judge Noreika about remote depositions:

  1. Whether all parties should be required to make all witnesses available live, instead of via remote deposition; and
  2. Whether all parties, including a defendant who brought counterclaims, should be required to bring their witnesses to the United States for deposition without the other parties having to engage in Hague Convention procedures.

Plaintiff sought to force live, in-person depositions of all witnesses in the …

Plane in Turbulence
Turbulence, Joshua Hoehne, Unsplash

Perhaps the most facile musing of the late-stage (please) pandemic, is wondering if remote work will become a permanent fixture in our lives. It's become such a common topic for think pieces, that I would not disgrace these hallowed pages with another trite contribution to the ouevre.

I am, however, duty-bound to note a recent development that suggests that remote depositions may not be long for this world. The issue arose before Judge Andrews last week in Takeda Pharms. USA, Inc. v. Mylan Pharms .Inc. C.A. No. 19-2216. The plaintiffs sought to depose the defendant's former counsel, who "purportedly reviewed, drafted, and edited the settlement and license agreements that are at the center of this …