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Motorola v. ASC — 5th Cir. (Oct 6, 2026)

No. 26-10747 Argued October 6, 2026 Published October 7, 2026

A European patent dispute brings Motorola and Lenovo to a Texas federal court. Advanced Standard Communication, or A S C, sued the companies in Germany and the Unified Patent Court over alleged patent infringement. Motorola and Lenovo then sought documents from A S C about its purchase of the patents and its litigation funding, saying the records would help their defenses abroad. A federal magistrate judge authorized that discovery, and the district judge upheld it after A S C objected. A S C is now asking the Fifth Circuit to undo that order. The fight is about access to evidence, not whether the companies infringed the patents. Section seventeen eighty-two lets a U.S. district court order evidence for use in foreign proceedings; it does not make that assistance automatic. FRAND means fair, reasonable, and non-discriminatory patent-licensing terms. Clark Gordon will argue for A S C that the lower court used the wrong standards and failed to give proper weight to the foreign court's refusal to order production.

Motorola v. ASC (No. 26-10747) — U.S. Court of Appeals for the Fifth Circuit, argued October 6, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/OralArgRecordings/26/26-10747_10-06-2026.mp3
Case and argument date — Fifth Circuit recording list:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-01&to=2026-10-07
Foreign patent disputes and initial discovery order — district court Doc.21:https://www.govinfo.gov/content/pkg/USCOURTS-txnd-3_25-mc-00088/pdf/USCOURTS-txnd-3_25-mc-00088-0.pdf
ASC objections and district judge's ruling — district court Doc.33 (public judicial PDF copy):https://cases.justia.com/federal/district-courts/texas/txndce/3:2025mc00088/412813/33/0.pdf?ts=1785351293
Appellate parties and Clark Gordon — public copy of appellate docket:https://dockets.justia.com/docket/circuit-courts/ca5/26-10747
Evidence for foreign proceedings — 28 U.S.C. §1782 (official 2024 Code edition):https://www.govinfo.gov/content/pkg/USCODE-2024-title28/html/USCODE-2024-title28-partV-chap117-sec1782.htm
Review of magistrate judges' orders — Federal Rule of Civil Procedure72:https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf
Discretionary factors and foreign discoverability — Intel, 542 U.S.241 (2004):https://tile.loc.gov/storage-services/service/ll/usrep/usrep542/usrep542241/usrep542241.pdf
FRAND definition — Federal Trade Commission:https://www.ftc.gov/news-events/news/press-releases/2017/01/ftc-charges-qualcomm-monopolizing-key-semiconductor-device-used-cell-phones
FRAND definition — UK Supreme Court case explanation:https://www.supremecourt.uk/cases/uksc-2018-0214

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