Das US-amerikanische Discovery-Verfahren im Rahmen deutscher gerichtlicher Auseinandersetzungen

Parties involved in German court proceedings sometimes depend on information which is located in the USA to either substantiate a claim or defend against one being asserted by another company or individual. In order to obtain this often essential evidence, parties can refer to the foreign litigation provision 28 USC 1782 (a) that authorizes US district courts to oblige opposing parties to provide relevant information for use in cases outside the USA.
Florian Reiling illuminates what is required to initiate its use in patent litigations. At the same time, he discusses whether and to what extent the German Code of Civil Procedure and its underlying principles allow use to be made of evidence acquired by way of 28 USC 1782 (a) and whether it is admissible to pending cases.