Tulip Computers International Besloten Vennootschap v. Dell Computer Corporation
United States District Court for the District of Delaware
254 F. Supp. 2d 469 (2003)
Relevant factsFree
Dell (defendant) sought discovery under the Hague Convention from Tulip's (plaintiff) former Dutch employees, who possessed potentially relevant patent knowledge but were outside the U.S. court's jurisdiction; Tulip objected that the request improperly sought broad pretrial discovery the Netherlands has opted not to allow, and that some information was privileged.
IssueFree
Whether a party to litigation may obtain evidence from people residing in a foreign country outside a court's jurisdiction if the foreign country is a signatory of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.