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IN RE ISHIHARA CHEMICAL CO.

Docket Nos. 00-9580(L), 01-7109(XAP).

251 F.3d 120 (2001)

In re the Application of ISHIHARA CHEMICAL CO., LTD., for an Order to take Discovery of Shipley Company, L.L.C., Pursuant to 28 U.S.C. § 1782. Ishihara Chemical Co., Ltd., Petitioner/Appellee/Cross-Appellant, v. Shipley Company, L.L.C., Respondent/Appellant/Cross-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 25, 2001.

Attorney(s) appearing for the Case

David L. Just (Donald C. Lucas, on the brief), Lucas & Just LLP, New York, NY, for Petitioner/Appellee/Cross-Appellant Ishihara Chemical Co., Ltd.

F. Dominic Cerrito (Scott D. Jacobson, on the brief), Pennie & Edmonds, LLP, New York, NY, for Respondent/Appellant/Cross-Appellee Shipley Company, L.L.C.

Before SOTOMAYOR and KATZMANN, Circuit Judges, and CHIN, District Judge.

CHIN, District Judge:

Shipley Company, L.L.C. ("Shipley") and Ishihara Chemical Company, Ltd. ("Ishihara") are parties to a patent invalidity proceeding before the Japanese Patent Office (the "JPO") in Tokyo, Japan. Ishihara petitioned the district court for discovery, pursuant to 28 U.S.C. § 1782, "for use in" the proceeding before the JPO. The district court granted the petition in part and denied it in part, allowing depositions and document discovery but...

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