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Case of the Day: Lexmark International v. Ink Technologies Printer Supplies
The case of the day is Lexmark International, Inc. v. Ink Technologies Printer Supplies, LLC (S.D. Ohio 2013). The plaintiff sought leave to serve defendants in China and Germany via email. The judge noted that both China and Germany are parties to the Hague Service Convention. The judge granted the motion. He did not analyze……
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Deposing Third Party Witnesses in Germany: The Same, but Different
Peter Bert follows up on his post from last week about the practice under the Hague Evidence Convention in Germany. For American lawyers, it’s obviously important to understand what will happen once your letter of request makes its way to Germany. But it’s also important to bear in mind how the US court will treat……
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Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?
Peter Bert is back with a report of an interesting development—or hint of a development—in how the German courts think about requests for the production of documents. This is cross-posted at Peter’s blog. A recent Frankfurt case raises this issue: Germany has declared “that it will not execute Letters of Request issued for the purpose……
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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……
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Case of the Day: Via Vadis Controlling GmbH v. Skype, Inc.
The case of the day is Via Vadis Controlling GmbH v. Skype, Inc. (D. Del. 2013). Via Vadis is the exclusive licensee of a European patent, and it sued Skye Software S.A.R.L. for infringement in Germany. Via Vadis also applied to a Luxembourg court for an Ordonnance permitting court-appointed experts to search Skype Software’s offices……