Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Taiwan

Case of the Day: Vista Peak Ventures v. GiantPlus Technology

Posted on September 2, 2019

The case of the day is Vista Peak Ventures, LLC v. GiantPlus Technology Co., Ltd. (E.D. Tex. 2019). The claim against GiantPlus, a Taiwanese company, was for patent infringement. Vista Peak asked the clerk to send the summons and complaint by registered mail, return receipt requested, to GiantPlus in Taipei. So far so good. A security guard received and signed for the documents and then gave them to the General Administrator of the company, who sent a written acknowledgment of receipt but returned the package to the sender—the clerk—because it “was not directed to a specific individual or department.” GiantPlus then moved to dismiss for insufficient service of process.

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Case of the Day: Fourte International v. Pin Shine Industrial

Posted on January 21, 2019

The case of the day is Fourte International Ltd. BVI v. Pin Shine Industrial Co. (S.D. Cal. 2019). Fourte brought an action against Suzhou Pinshine Technology Co., Suzhou Sunshine Technology Co., Ltd., and Pin Shine Industrial Co., and Bobbin & Tooling Electronics International Company of BVI. It sought leave to serve Suzhou Pinshine and Suzhou Sunshine, both Chinese firms, via email. Foutre noted that that the central authority would refuse to serve the documents because they referenced Taiwan, which of course the PRC does not recognize. It also sought leave to serve Pin Shine, a Taiwanese company, by email.

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Case of the Day: Wei Su v. Sotheby’s

Posted on October 10, 2018

The case of the day is Wei Su v. Sotheby’s, Inc. (S.D.N.Y. 2018). Wei claimed that he owned the Zhou Zha Hu, a ritual wine vessel dated to the 9th or 10th century BCE. His agent, Hai Juan Wang, entered into a consignment agreement with Sotheby’s, the auction house. But before the piece could be auctioned, Yeh Yao Hwang claimed through his Taiwanese law firm that he owned the vessel. Sotheby’s canceled the auction but also refused to return the vessel to Wei. Wei and Wang sued Sotheby’s for breach of contract and for replevin. Sotheby’s interpleaded Wei, Wang, and Yeh. Yeh’s law firm refused to accept service on his behalf but gave an address in Taiwan where he could be served. Sotheby’s sought…

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