Judge James Ware, the author of yesterday’s case of the day, is back today in Ex Parte Apple Inc. (N.D. Cal. 2012). The underlying litigation, which involved lawsuits in the United States and in Germany, was between Motorola and Apple. Apple made an ex parte application for judicial assistance seeking issuance of a subpoena to Nokia for use in the German proceedings. After the court granted the application, Nokia moved to quash the resulting subpoena. The judge considered the Intel factors and rejected Nokia’s motion. First, Nokia was not a party to the German proceedings. Second, although Apple could not have discovered the information it sought from Nokia under German procedure, Nokia failed to show that the German court restricted Apple from gathering evidence by other means. Third, the judge agreed with Apple that its request was neither unduly burdensome nor overly broad.
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