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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,……
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Loriot v. Wikipedia: Transatlantic Service and Injunctive Relief
International Judicial Assistance Brigade member Peter Bert is back with a report on a recent service of process case from Germany. The case appears rightly decided: assuming that Loriot’s daughter was required to serve the injunction by a method permitted by the Hague Service Convention, service by postal channels was plainly sufficient in light of……
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Case of the Day: Oak Point Partners v. Lessing
The case of the day is Oak Point Partners v. Lessing (N.D. Cal. 2012). The claim was that EXDS, a US company, had loaned $23 million to Exodus GmbH, its German subsidiary. EXDS went into Chapter 11 bankruptcy proceedings, and Oak Point Partners, Inc., the plaintiff, bought all of its assets, including its rights against……