In re Alpha Industries, Inc.

MEMORANDUM AND ORDER

WHITMAN KNAPP, Senior District Judge.

This is a Part I petition to perpetuate testimony under Federal Rule of Civil Procedure 27. For the reasons that follow, we grant the petition.

Alpha Industries, Inc. (“petitioner”), a manufacturer of military-style clothing and goods in the United States, asserts that Mika Overseas Corporation (“respondent”) ships and distributes Alpha jackets to Japan. Petitioner has four U.S. distributors, all of which have agreed with Alpha not to cause the distribution of goods to Japan. Petitioner thus asserts that respondent’s exports to Japan are…