Intellectual Property Law

Fourth Circuit: Subpoena to foreign corporation valid even though no U.S. business contacts

By McKee, Voorhees & Sease, P.L.C.

The Fourth Circuit last week addressed a district court's ability to issue subpoenas to foreign witnesses in USPTO administrative proceedings. The court held that a district court may issue a Rule 30(b)(6) subpoena to a foreign corporation who is party to an opposition, even if the party has no officers, directors or managing agents who reside within the jurisdiction.  The decision generated a lengthy dissent that argued that this holding greatly extended the reach of the district court in such interference proceedings and was not supported by the applicable statute and USPTO procedures.

More detail of Rosenruist-Gestao E Servicios LDA v. Virgin Enters., Ltd. after the jump.

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Full post as published by FileWrapper on December 31, 2007 (boomark / email).