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Norwegians in American Courts: Strangers in a Strange Land

Norwegians in American Courts: Strangers in a Strange Land. Paul B. Klaas Partner-in-charge (International) Dorsey & Whitney LLP Minneapolis/London. Norwegians in American Courts [Nordmenn i de amerikanske domstolene]. UNITED STATES JUDICIAL SYSTEM. FEDERAL COURTS. Legislative Branch.

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Norwegians in American Courts: Strangers in a Strange Land

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  1. Norwegians in American Courts: Strangers in a Strange Land Paul B. Klaas Partner-in-charge (International) Dorsey & Whitney LLP Minneapolis/London

  2. Norwegians in American Courts[Nordmenn i de amerikanske domstolene]

  3. UNITED STATES JUDICIAL SYSTEM FEDERAL COURTS Legislative Branch Courts of Appeals District Courts ? U.S. House of Representatives U.S. Senate District Judges MagistrateJudges United States Supreme Court STATE COURTS Minneapolis ? Minnesota Court of Appeals Minnesota Supreme Court Hennepin County District Court ? Executive Branch (President) New York Appellate Divisions Court of Appeals Supreme Courts ? SEC PTO Attorney General

  4. UNITED STATES PATENT LITIGATION PREPARATION LITIGATION • Prior Art Search? • Experts? • Infringement / Validity Analysis? • Defensive Legal Opinion? • Design Around? Fact Discovery Expert Discovery X v. Y (Infringement) "Initial Disclosures" Answer (denials) or Motions to Dismiss Verdict And Judgment Appeal forum battle? Preliminary Injunction Trial [ $, Injunction] Y v. X (Declaratory Judgment) Markman Hearing Summary Judgment SETTLEMENT ?

  5. American Astonishments • Notice pleading • Class actions • Discovery • “Aggressive” lawyers • Mercenary expert witnesses • Contingent fees + rare or no fee-shifting • Jury trials

  6. 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.

  7. Class Actions • Fed. R. Civ. P. 23 • An individual suing as representative of all others similarly situated, unless the others “opt out”

  8. NUMEROSITY

  9. COMMONALITY

  10. TYPICALITY

  11. FED. R. CIV. P. 23(B)(3) • Notice and • Opportunity to Opt Out • Common Questions Predominate • Superiority • Manageability

  12. Discovery • Oral depositions • Written depositions • Written interrogatories • Requests for production of documents • Physical and mental examinations • Requests for admission • Subpoenas

  13. Rock, Paper, Scissors[Stein, Papir, Saks] Rock[Stein] Paper[Papir] Scissors[Saks] = = =

  14. Rock, Paper, Scissors[Stein, Papir, Saks] BREAKS SURROUNDS CUTS

  15. Depositions

  16. Aggressive Lawyers

  17. Aggressive lawyers

  18. Mercenary expert witnesses

  19. Fees • Contingent fees • Almost no fee-shifting • (“Loser pays” only by statute or contract)

  20. Jury trials • Criminal prosecutions • Civil actions seeking money damages

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