Our weekly SoCal IP Institute meeting on Monday, July 27, 2015 will be a discussion of the following cases:
Akebia v. Fibrogen., Case No. 15-15274 (9th Cir. July 16, 2015) (available here). The Panel affirmed the district court’s order granting Akebia’s ex parte application pursuant to 28 U.S.C. § 1782, for discovery in a foreign proceeding. § 1782 permits any “interested person” to file an application in the district court requesting that the court order another person to produce testimony or documents for use “in a proceeding in a foreign or international tribunal.” Akebia had initiated opposition proceedings in the European Patent Office and the Japanese Patent Office against Fibrogen and, in its application, sought permission to serve FibroGen with document and deposition subpoenas relating to those foreign proceedings. The panel held that Akebia was an “interested person” set forth under § 1782, that Akebia had Article III standing to invoke the power of a federal court, and that both the European and Japanese Patent Offices were “foreign or international tribunal[s]” within the meaning of § 1782.