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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……
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German Federal Constitutional Court: Risk of Punitive Damages No Reason to Prevent Service of U.S. Action
IJA Brigade member Peter Bert reviews a new case from the German Constitutional Court on service of process under the Hague Service Convention when the underlying US litigation involves a claim for punitive damages. In a ruling in January 2013, the Federal Constitutional Court (Bundesverfassungsgericht) confirmed its approach to service of US actions in Germany……
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From Germany to China: The Nitty-Gritty of International Service, How To Fill In Forms and What To Translate
IJA Brigade member Peter Bert returns with a post on an interesting new German decision on the translation and proof of service provisions of the Hague Service Convention. Issues of international service are often rather mundane, not to say boring, technicalities. Nevertheless, in international litigation, service aboard is the eye of the needle, through which……
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Case of the Day: In re Ex Parte Application of Motorola Mobility, LLC
The case of the day is In re Ex Parte Application of Motorola Mobility, LLC (N.D. Cal. 2012), our first [section] 1782 case in quite some time. Motorola had sued Apple in Germany, alleging that the iPhone and iPad infringed Motorola patents relating to 2G and 3G wireless communication standards. Apple asserted, as a defense,……