CARNEIGE INSTITUTE OF WASHINGTON Vs. FENIX DIAMONDS LLC

JUDGEMENT

(1.) This application is made under Order 26 Rules, 19, 20 and 21 read with Sections 78 and 151 of the Civil Procedure Code, 1908 (for short "CPC") with the prayers as below :

(2.) The applicants - original plaintiffs in the District Court, Southern District, New York have sued the opponent No.1 original defendant in a patent litigation alleging infringement of U.S. Patent No. 6,858,078 entitled "Apparatus and Method for Diamond Production," and U.S. Paten No.RE41,189, entitled "Method Enhanced CVD Diamond". The opponent Nos. 2 and 3 are the intended witnesses therein.

(3.) Pursuant to Hague Convention dated 8th March, 1970 on the taking of the evidence abroad in civil or commercial matters, a Letter Rogatory is issued by the U.S. District Court for the Southern District New York, with a request to returning the response thereto, by 1st August, 2020; while citing an urgency that the oral testimony requires to be completed before presentation of expert testimony scheduled on 7th August, 2020; and in all events by 4th September, 2020, the request is to take the deposition testimony under oath, inspection of the facilities used for manufacturing and treating CVD diamonds; and production of documents regarding the issues identified in Exh.1 (Letter of Request). The questions to be put to the persons sought to be examined are set out in appendices A and D of Exh.1 to the Letter of Request. The documents and other properties to be inspected have been specified in appendices B, C, E and F of Exh.1. The Letter also solicits the written information about the time and the place of the proceedings to be undertaken by the commissioner for the District Court, New York as also to the parties' representatives at the addresses mentioned in the Letter of Request in terms of Article 7 of the Hague Convention. The Letter of Request has been issued on 27th May, 2020. Several other requests are made which if necessary would be referred in this order.