HIGH COURT OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE V.SURI APPA RAO O.P.NO. 1 OF 2014 Dated 23rd April, 2014 Between :
IPLEARN, LLC and .. Petitioner Oracle Corporation .. Respondent HIGH COURT OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE V.SURI APPA RAO O.P.NO. 1 OF 2014 O R D E R:
Heard Sri Mahfooz Nazki, learned counsel appearing for the petitioner.
2. This petition is filed under Section 78 read with Order XXVI Rules 19 to 22 of the Code of Civil Procedure seeking to issue a Commission for examination of the witness viz., Mr.Dayanand Patange with a further direction to execute the Letter of Request in the manner set out therein including summoning the said witness to appear, cause deposition to be reduced into writing and/video taped.
3. As seen from the material on record, more particularly, the Letter of Request addressed to this Court, petitioner Company filed a lawsuit in Delaware Court alleging infringement on the part of the respondent Company with regard to certain United States Patents owned by the petitioner Company and the same is the subject matter of C.A.No.11- 825 (RGA) before Delaware Court. In order to prove the said case, the petitioner herein intended to examine the above named witness residing at H.No.4-3-142/2/23, CBIT Colony, Attapur, Hyderabad, India – 500 048, within the jurisdiction of this Court, as the said person has information relevant to actions proceeding in United States Courts. As such, in pursuance to the application of the petitioner herein, the Delaware Court issued a Request for International Judicial Assistance dated 21.01.2014 (Annexure-A) addressed to this Court with a request to cause the examination of the said witness in a prescribed manner. Hence, this petition.
4. Considering the prayer, the original petition is allowed with the following directions:
i) Sri A.Sumanth, Advocate of this Court, R/o.102, Sri Laxmi Surya Enclave, Vasudevareddy Nagar, Attapur, Hyderabad – 500 048 (Cell No.99495 57777) is appointed as Commissioner for the above said purpose.
ii) The Commissioner shall be paid fee quantified at Rs.75,000/- by the petitioner herein towards the execution of this commission and shall be paid a sum of Rs.5,000/- towards the expenses for execution thereof.
iii) The Commissioner shall use his own infrastructure or as chosen by him.
iv) The Commissioner shall fix the date of the execution of the commission for examining the witness and intimate the same to the learned counsel for the petitioner Sri Mahfooz Nazki.
v) The petitioner is directed to take out personal notice by registered post with acknowledgment due or by courier upon the respondent herein after ascertaining from the Commissioner the date of hearing fixed by him for examining the witness, so that its appointed representatives can attend and participate in the deposition hearing.
vi) The Commissioner shall allow the participation only of advocates recognized under Sections 29 and 30 of the Advocates Act, 1961 and shall not permit the participation of any foreign attorneys. It shall not be open to such foreign attorneys to examine the witness or pose questions to him.
vii) The petitioner’s U.S. Attorneys viz., Russ August & Kabat LLP, 12424 Wilshire Blvd, 12th Floor, Los Angeles, California 90025, USA and/or their support staff may be allowed to attend and observe the Commission proceedings.
viii) Further the respondent’s U.S. attorneys viz., Wilmer Cutler Pickering Hale and Dorr LLP, 950 Page Mill Road, Palo Alto, CA 94304, USA and/or their support staff may be allowed to attend and observe the commission proceedings.
ix) The commissioner shall execute this commission, as expeditiously as possible, preferably within a period of 12 weeks from today.
x) The Registry is directed to forward a set of the papers filed with the O.P. along with the warrant of commission and a copy of this order to the Commissioner within two weeks from today.
xi) After receipt of the Commissioner’s report along with the deposition of the witness and documentary evidence, the Registrar (Judicial) of this Court shall make necessary arrangements for forwarding the same to the United States District Court for the District of Delaware at the cost of the petitioner herein.
V.SURI APPA RAO, J Dated 23rd April, 2014 sur