POSCO (of Korea) was sued by Nippon Steel & Sumitomo Metal Corporation (“Nippon Steel") for patent infringement in thefederal district court of New Jersey. There was also a suit by Nippon against POSCO in Japan. At issue was the providing of about200 pages of US discovery materials to Nippon lawyers in Japan. A master in NJ applied Pansy v. Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994) and granted the request. The judge affirmed the master.Of review, the CAFC noted: Our review is appro-priate because the order in question turns onclaims of confidentiality thatraise an important issue of first impression. See In re United States, 669 F.3d 1333, 1336 (Fed. Cir. 2012)The CAFC brought up the relevance of 28 U.S.C. §1782 or the Supreme Court’s decisionin IntelCorp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004)The outcome: We thereforegrant mandamus for purposes of directing the district court to conduct the proper assessmentgiving due…
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