Goodwin Insights August 21, 2020

Goodwin Insights

Q2 continued to be all about coronavirus.  For the most part, depositions have been sorted out and parties are actively engaged in remote depositions. With that said, there is an open issue related to how witnesses in certain jurisdictions can be deposed. For example, China law prohibits testifying under oath in mainland China. Typically this is resolved by having witnesses go to Hong Kong or another location for depositions, but such travel is effectively impossible for the time being.

Likewise, the Commissioners and ALJs alike are tirelessly working on finding a solution to the various issues that accompany the need to travel to an ITC hearing. Recent statements indicate that the Commission is getting close when it comes to developing the necessary technology and protocols for holding hearings remotely. It has already been a steep learning curve and we expect that there will be growing pains once measures are implemented.

Aside from the pandemic, we continue to be interested in the developing law surrounding trade secret cases. There was an interesting opinion from Judge Elliot in the 1153 Investigation that touched upon the scope of the domestic industry requirement and relevant market.  Additionally, an ID in the 1145 botox investigation is expected to issue in the first week of July.