Warning: discovery misconduct can cost more than just your case
In Klipsch Group Inc v ePRO E-Commerce Ltd (Case Nos 16-3637 and 16-3726, January 25 2018, Lynch J), the US Court of Appeals for the Second Circuit has rejected a sanctioned party’s position that sanctions must be proportional to either the value of the evidence uncovered by remedial measures or the ultimate value of the case, and upheld discovery sanctions that amounted to greater than 100 times the district court’s appraisal of the likely damages in the case. In doing so, the court adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review, and particularly the WTR 1000, are always very useful sources for obtaining impressions and detailed information about foreign colleagues, law firms and jurisdictions. Our whole trademark team benefits from articles published in World Trademark Review.
Christian R Thomas
Attorney at law, legal and trademark department
KUHNEN & WACKER Intellectual Property Law Firm
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email