In Re Alcatel USA, Inc.

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN and Justice GONZALES join.

The issue in this mandamus proceeding is whether the trial court abused its discretion by allowing DSC Communications1 to take the apex depositions of two high-level Samsung executives. The court of appeals conditionally granted mandamus relief, concluding that DSC failed to prove that the executives had “unique or superior knowledge that is unavailable through less intrusive means.” — S.W.3d -, 1998 WL 851123. We hold that DSC failed to present any evidence that arguably shows that the executives have…