US Fifth Circuit’s discovery ruling unlikely to deter SEP litigants, lawyers say
By Nick Robertson ( November 6, 2026, 20:11 GMT | Comment) -- Despite a US appeals court decision last week that may place guardrails on some Section 1782 discovery proceedings, litigation remains an important tool for standard-essential patent implementers litigating before the Unified Patent Court, a Finnegan attorney tells MLex.The US Court of Appeals for the Fifth Circuit declined to order discovery for standard-essential patent litigants in US federal court last week, reversing the approval of Section 1782 discovery for Motorola Mobility. But that hurdle doesn’t change the value of the discovery process for disputes before the Unified Patent Court, a Finnegan attorney tells MLex....
Prepare for tomorrow’s regulatory change, today
MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.
Know what others in the room don’t, with features including:
- Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
- Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
- Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
- Curated case files bringing together news, analysis and source documents in a single timeline
Experience MLex today with a 14-day free trial.