Tag Archives: blocking statute

Case of the Day: Microsoft v. Weidmann Electrical Technology

The case of the day is Microsoft Corp. v. Weidmann Electrical Technology, Inc. (D. Vt. 2016). Weidmann was a Vermont corporation with offices in St. Johnsbury. Its corporate parent was WICOR Holding AG, a Swiss company that, with its subsidiaries, is a multi-national manufacturer of medical equipment. Weidmann had a licensing agreement with Microsoft that allowed it to use multiple copies of Microsoft software and to report the number of copies in use to Microsoft. The number reported would be the basis for the royalties due under the license. The agreement gave Microsoft the right to verify compliance at its own expense using a third-party accountant. Weidmann was required to “promptly provide the accountant with any information it reasonably requests in furtherance of the verification.” Suffice it to say Microsoft wanted to do an audit, which was to take place in Switzerland and was dissatisfied with Weidmann’s cooperation. It sued, seeking specific performance.
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Case of the Day: In re Vitamin C Antitrust Litigation

The case of the day is In re Vitamin C Antitrust Litigation (E.D.N.Y. 2015). The plaintiffs obtained a $148 million judgment on a jury verdict against Hebei Welcome Pharmaceutical Co. and North China Pharmaceutical Group, both Chinese firms, for violations of the Sherman Act. The plaintiffs served discovery requests in aid of the judgment under FRCP 69. When the defendants failed to provide discovery, the plaintiffs sought an obtained an order requiring the defendants to respond. The defendants stated, however, that they would not respond to the discovery, because under Chinese law, specifically the rules of the State–Owned Assets Supervision and Administration Commission of Hebei Province, they would be subject to criminal sanctions if they provided the discovery. The plaintiffs sought to hold the defendants in contempt and sought a per diem monetary sanction in order to coerce compliance with the court’s orders.
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