Navigating Between German And US Discovery Provisions
September 23, 2011, 11:46 AM EDT
Law360, New York (September 23, 2011, 11:46 AM EDT) -- Germany is the forum of choice for European patent and trade secret litigation, but discovery there can be limited. Germany has more permissive discovery provisions than other European jurisdictions, but those provisions are still far narrower than the "all relevant documents" discovery approach in U.S. litigation.
Fortunately, when one of the parties to a German litigation is a U.S. company, a U.S. discovery statute can come into play. That statute — 28 USC 1782 — provides U.S. discovery in aid of foreign litigation, which could, in...