Case Jaime Daniel Navarro Cerritos v. Todd Blanche, Attorney General Court United States Court of Appeals for the Fourth Circuit
The Fourth Circuit affirmed summary judgment for BrowserStack after Deque Systems repeatedly failed to disclose its damages calculations in a copyright infringement case over web accessibility software, holding that the district court properly excluded Deque’s damages evidence under Rule 37(c)
The Fourth Circuit held that PTAB draft opinions and inter-judge communications are protected from FOIA disclosure under the deliberative process privilege, and that circulation of drafts to non-panel judges is lawful deliberation, not ex parte misconduct.