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IN RE JENOPTIK AG

Miscellaneous No. 492.

109 F.3d 721 (1997)

In re JENOPTIK AG, Petitioner.

United States Court of Appeals, Federal Circuit.

March 3, 1997.

Attorney(s) appearing for the Case

Gerald H. Kiel, McAulay Fisher Nissen Goldberg & Kiel, LLP, New York City, submitted a petition for a writ of mandamus for petitioner.

Michael A. Stallman, Limbach & Limbach, L.L.P., San Francisco, CA, submitted the response to the petition for respondent Therma-Wave, Inc.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

OPINION

SCHALL, Circuit Judge.

Jenoptik AG petitioned for a writ of mandamus to direct the United States District Court for the Northern District of California to vacate its order that would permit the submission of protected deposition testimony to a German court hearing a suit between Therma-Wave, Inc. and Jenoptik. Therma-Wave opposed. The petition was filed on November 21, 1996, and the response was filed on November 26, 1996. We denied the petition...

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