3rd Circuit Reverses Quash Of Discovery Subpoena In Bone Cement Trade Secret Case

(August 9, 2018, 4:28 PM EDT) -- PHILADELPHIA — Finding that a trial court failed to properly apply the standards for obtaining a subpoena to obtain discovery for use in a foreign trade secret lawsuit, a Third Circuit U.S. Court of Appeals panel on Aug. 6 vacated the quash of the subpoena and remanded for reconsideration in light of the facts of the underlying German lawsuit (In re:  Application of Biomet Orthopaedics Switzerland GmbH under 28 U.S.C. 1782 for an order to take discovery for use in a foreign proceeding, No. 17-3787, 3rd Cir., 2018 U.S. App. LEXIS 21684)....