Norwegians in American Courts: Strangers in a Strange Land Paul B. Klaas Partner-in-charge...
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Transcript of Norwegians in American Courts: Strangers in a Strange Land Paul B. Klaas Partner-in-charge...
Norwegians in American Courts:
Strangers in a Strange Land
Paul B. Klaas
Partner-in-charge (International)
Dorsey & Whitney LLP
Minneapolis/London
4
UNITED STATES JUDICIAL
SYSTEMFEDERAL COURTS
STATE COURTS
Minneapolis
New York
Hennepin County
District Court
Hennepin County
District Court
SupremeCourts
SupremeCourts
District
Courts
District
Courts
Courts of
Appeals
Courts of
Appeals
Minnesota Court of Appeals
Minnesota Court of Appeals
Minnesota Supreme
Court
Minnesota Supreme
Court
AppellateDivisions
AppellateDivisions
Court of Appeals
Court of Appeals
Magistrate
Judges
District
Judges
Attorney General
Attorney General PTOPTO
?
?
?
?
U.S.
Senate
U.S. House of
Representative
s
United States
Supreme Court
United States
Supreme Court
Executive Branch
(President)
Executive Branch
(President)
Legislative BranchLegislative Branch
SECSEC
5
PREPARATION LITIGATION
Prior Art Search?
Experts?
Infringement /
Validity Analysis?
Defensive Legal Opinion?
Design Around?
forum battle?AppealAppeal
[ $, Injunction]
Y v. X
(Declaratory Judgment)
Y v. X
(Declaratory Judgment)
TrialTrialVerdict
And Judgment
Verdict And
Judgment
Answer (denials)
or
Motions to Dismiss
Answer (denials)
or
Motions to Dismiss
SETTLEMENT
?
Expert
Discovery
Expert
Discovery
Fact Discovery
Fact Discovery
Markman Hearing
Markman Hearing
SummaryJudgmentSummaryJudgment
"Initial Disclosures"
"Initial Disclosures"
Preliminary Injunction
Preliminary Injunction
X v. Y
(Infringement)
X v. Y
(Infringement)
UNITED STATES PATENT
LITIGATION
6
American Astonishments
• Notice pleading
• Class actions
• Discovery
• “Aggressive” lawyers
• Mercenary expert witnesses
• Contingent fees + rare or no fee-shifting
• Jury trials
7
Notice Pleading
Fed. R. Civ. P. 8(a):
A pleading that states a claim for relief must
contain…a short and plain statement of the
claim…and a demand for the relief sought.
9
Class Actions
Fed. R. Civ. P. 23
An individual suing as representative of all
others similarly situated, unless the others
“opt out”
13
FED. R. CIV. P. 23(B)(3)
Notice and
Opportunity to Opt Out
Common Questions Predominate
Superiority
Manageability
14
Discovery
Oral depositions
Written depositions
Written interrogatories
Requests for production of documents
Physical and mental examinations
Requests for admission
Subpoenas