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Legal Opinion

John Deere Limited and Deere & Company v. Sperry Corporation

Court of Appeals for the Third Circuit

Decided February 5, 1985No. 84-1070PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT GARTH, Circuit Judge.

This appeal presents the question whether 28 U.S.C. § 1782(a), 1 which governs judicial assistance rendered to foreign and international tribunals and to litigants before such tribunals, requires a district court to consider: (1) the availability of reciprocal foreign procedures, and (2) the ultimate admissibility of evidence in the foreign jurisdiction prior to granting a discovery order requested by a foreign litigant. We hold 28 U.S.C. § 1782(a) imposes no such requirements.

I

This matter arises from a patent infringement action now pending in the…

2Cases cited8 opinions

  1. In Re Letters Rogatory From the Tokyo District, Tokyo, JapanCourt of Appeals for the Ninth Circuit · 1976
  2. In Re Request for Judicial Assistance From the Seoul District Criminal Court, Seoul, Korea. Young Sool Shin v. United StatesCourt of Appeals for the Ninth Circuit · 1977
  3. In Re Letter Rogatory From the Justice Court, District of Montreal, Canada. Appeal of John FecarottaCourt of Appeals for the Sixth Circuit · 1975
  4. Deere & Company v. Sperry Rand CorporationCourt of Appeals for the Ninth Circuit · 1975
  5. Selas Corp. of America v. Electric Furnace Co.District Court, E.D. Pennsylvania · 1980

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3Cited by57 opinions

  1. Bayer AG v. Betachem, Inc.Court of Appeals for the First Circuit · 1999
  2. Euromepa S.A. v. R. Esmerian, Inc.Court of Appeals for the Second Circuit · 1995
  3. In Re Request for Assistance From Ministry of Legal Affairs of Trinidad and Tobago Petition of Joseph AzarCourt of Appeals for the Eleventh Circuit · 1988
  4. In Re Letter of Request From the Crown Prosecution Service of the United Kingdom, Thomas J. WardCourt of Appeals for the D.C. Circuit · 1989
  5. In Re APPLICATION OFCourt of Appeals for the Second Circuit · 1993

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