It depends on whether you represent the Plaintiff or the Defendant. And, the nature of the infringement allegations would give you insight regarding which documents to request. If you represent the Defendant, you should look to the elements of infringement ownership of a valid copyright and copying of protected elements of the work. So, the first document to request is the registration certificate, any assignments of the copyright, and copies of any contracts with the author that may give the Plaintiff standing to bring the lawsuit. If the work were registered after the alleged infringement, the Plaintiff loses valuable remedies statutory damages and award of attorney's fees. And, a prerequisite to filing an infringement claim is registration of the work. Next, I'd probably ask for documents related to damages. I would want to see if the alleged infringement caused the Plaintiff to lose sales. If I represented Plaintiff, I'd certainly want to see the Defendant's financial records to determine whether disgorging profits or statutory damages were a better remedy. Of course, every case will have unique facts. Thoroughly reading and understanding the complaint will help you determine which documents to request. Also, answers to interrogatories will help you discover documents that may not be apparent at the early stages. Hope this helps.
Answered on Feb 26th, 2014 at 6:00 PM