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Tulip Computers International Besloten Vennootschap v. Dell Computer Corporation

United States District Court for the District of Delaware
254 F. Supp. 2d 469 (2003)


Facts

Tulip Computers International B.V. (Tulip) (plaintiff) sued Dell Computer Corporation (Dell) (defendant) for patent infringement in the United States. Dell motioned for international judicial assistance under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Hague Convention) in order to discover evidence in the possession of former employees of Tulip residing in the Netherlands, Duynisveld and Dietz. Dell argued that the former employees had knowledge relevant to the patent issue but were not subject to the United States court’s jurisdiction; therefore, Dell asked the court to issue a letter of request for evidence under the Hague Convection. Tulip argued that Dell’s request should be denied, because the Hague Convention did not allow broad pretrial discovery, and the information known to the former employees was privileged.

Rule of Law

Issue

Holding and Reasoning (Jordan, J.)

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