属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不起的狐狸爸爸



US F属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸ederal statute Section 1782—A Powerful Tool for Obtaining Evidence in the United States for Use inC湘鲫hinese Proceedings


Corporations outside the US and the lawyers that represent them often regard US pretrial discovery as something to be avoided at all costs, mainly because of the expense. But the European and Asian lawyers who have made use of the provision of US law that facilitates obtaining evidence in the US for use in lawsuits pending outside the US have generally found the process to be extremely helpful and an effective strategy in their cases.



The United States is a party, along with China, to the Hague Convention on th属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸e Taking of Evidence Abroad in Civil ortvs4在线直播 Commercial Matters, but the Convention process can be slow and cumbersome, and in general it puts control of the process in the hands of the Department of Justice rather than the Chi属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸nese litigant itself.

Another option worth considering for Chinese lawyers and litigants is a US federal statute, known as Section 1782, which allows any “interested person” to seek leave from a US court to take evidence for use in a foreign proceeding, without making a request to the US Department of Justice under the Convention.

根据第1782条规则,请求方有必要“与案子有好坏关系”——具有中洗地车国属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸诉讼中的诉讼当事人位置即可。




To make use of Section 1782, a party must have the necessary interest—being a litigant in the Chinese lawsuit is enough. The evidence sought must be for use in a non-US legal proceeding.

And the proceeding must be pending before a court or other appropriate tribunal. A case before the domestic Chinese court system will qualify. While the law is far from settled on this point, private arbitration proceedings may al丝足践踏so qualify.

Once these statutory requirements are met, the US court will undertake a ba双斑蟋蟀lancing 属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸test, examining whether th魔界骑士英格丽德e evidence could be obtained in China under Chinese laws; whether the applicant is seeking to circumvent Chinese proof-gathering restrictions; whether the Chinese court would be receptive to the evidence; and whether the disc杜克曼overy sought would be unduly burdensome.

If the court allo新蕊洁ws the discovery, then the discovery proceeds as it would in any US litigation. The applicant can seek a production of documents, including electropgd606nically-stored i爱情面包房nformation, or can seek to take testimony from persons within t马丁巴舍尔he United States.

The entire process can be completed in a matter of months if the c属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸ase is sufficiently straightforward. Complex cases can require a year or more to complete.



迄今为止,企图运用法规的我国诉讼当事人相对较少。宸鸿光电科技(厦门)有限公司(TPK Touch Solutions (Xiamen), Inc.)是一家我国触摸屏技能的开发商和制造商,最近在南昌市中级人民法院的专利诉讼中,成功经过获取美王法院答应的方法,获得对宏达通讯(美国)有限公司(HTC America, Inc.)的根据开示。

宸鸿光电科技(厦门)有限公司在第三方欧菲科技股份有限公司(O-film Tech, Ltd.)提起的侵权案子中,经过根据开示证明其所享有在先运用和现有技能权力,而且企图经过我国专利局的相关程序使欧菲的专利无效。

The use of Section 1782 can provide Chinese litigants with a tr驰援藏金谷ue advantage over their opponents. The statute is most often used in intellectual property disputes, and due to the high concentration of technology companies there, many of the cases are brought in California.

It is also possible to use the statute to seek banki肉宠ng or other financial records.

To date relatively few Chinese litigants have tried to make use of the statute. TPK Touch Solution单车帝s (Xiamen), Inc., a Chinese developer and manufacturer of touch panel technologies, recently had success in obtaining a US court’s permission to obtain discovery from HTC America, Inc., for use in patent litigation in the Nanchang Intermediate People’s Court.

TPK sought discovery in order to prove a prior use or knowledge defense in an infringement case brought by a third party, O-film Tech, Ltd., and to t属鼠,中英双语 | 在美国取证用于我国诉讼程序的有力东西,了不得的狐狸爸爸ry to invalidate O-film’s patent in p周子瑜段宜恩爱情roceedings before China’s patent office. In re Ex Parte Application of TPK Touch Solutions (Xiamen) Inc., 2016 WL 6804600 (N.D. Cal. Nov. 17, 2016).