Notes From The China Desk

A recent decision by Judge Gregory Williams of the federal District Court of Delaware—to grant a plaintiff’s motion to remand its breach-of-contract case back to state court—instructs how to determine whether a breach of obligation to offer reasonable and non-discriminatory (RAND) licensing terms for patents declared to be essential to a technological standard (standard-essential) amounts to a claim that “arises under” federal law, thereby conferring subject matter jurisdiction on the federal district courts to hear the claim.

A recent order from Largan Precision Co., Ltd. v. Motorola Mobility LLC, No. 4:21-cv-9138 (N.D. Cal. December 30, 2024) made two key discovery rulings that: (i) allow defendant Motorola Mobility LLC (Motorola), a wholly owned subsidiary of PRC-based Lenovo Group, Ltd., to depose the CEO of the opposing party, Largan Precision Company (Largan); and (ii) require fact depositions of Largan’s corporate witnesses to take place in-person within the district.