In Re: Ex Parte Application of Apple Inc. et al.

Filing 6

ORDER GRANTING EX PARTE APPLICATION OF APPLE INC. ET AL FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782 GRANTING LEAVE TO OBTAIN DISCOVERY FOR USE IN A FOREIGN PROCEEDING granting 1 Letter Motion for Discovery. This Court, having fully consider ed the papers on file and submitted herewith, and good cause appearing, HEREBY GRANTS the Application of Apple. IT IS HEREBY ORDERED that: (1) Apple is granted leave to issue subpoenas for production of documents and deposition testimony to Mr. Pru sko in substantially the same form attached as Exhibits 2 and 3 to the Declaration of Nora Q.E. Passamaneck filed in support of this Application; and (2) Along with any subpoenas, Apple shall serve Mr. Prusko with a copy of this Order. The Clerk of the Court is directed to terminate the motion at ECF No. 1. The Clerk of the Court is further directed to terminate the case. (Signed by Judge Nelson Stephen Roman on 11/15/2023) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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)
APPLE INC.; APPLE DISTRIBUTION
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INTERNATIONAL; AND APPLE RETAIL
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GERMAN B.V. & CO. KG
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)
Applicants,
)
)
For an Order Pursuant to 28 U.S.C. § 1782 )
Granting Leave to Obtain Discovery from )
James Prusko for Use in Foreign )
Proceedings
)
)
)
)
)

11/15/2023

In re Ex. Parte Application of

7:23-mc-00438_____
Case No. ____________

XXXXXXXX ORDER GRANTING EX PARTE APPLICATION OF APPLE INC. ET AL
[PROPOSED]
FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782 GRANTING LEAVE TO OBTAIN
DISCOVERY FOR USE IN A FOREIGN PROCEEDING

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This matter comes before the Court in the Ex Parte Application of Apple, Inc., Apple
Distribution International Limited, and Apple Retail Germany B.V. & Co. KG (collectively,
“Apple”) for an Order to Obtain Discovery for Use in Foreign Proceedings pursuant to 28 U.S.C.
§ 1782(a) (the “Application”), which seeks documents and testimony from James Prusko in
connection with a patent litigation proceeding pending between Apple and Scramoge Technology
Limited in Germany.
This Court, having fully considered the papers on file and submitted herewith, and good
cause appearing, HEREBY GRANTS the Application of Apple.
IT IS HEREBY ORDERED that:
(1) Apple is granted leave to issue subpoenas for production of documents and deposition
testimony to Mr. Prusko in substantially the same form attached as Exhibits 2 and 3 to
the Declaration of Nora Q.E. Passamaneck filed in support of this Application; and
(2) Along with any subpoenas, Apple shall serve Mr. Prusko with a copy of this Order.

IT IS SO ORDERED.
11/15/2023
Dated: ______________

___________________________________
Hon. Nelson S. Román
United States District Judge
The Clerk of the Court is directed to terminate the motion
at ECF No. 1. The Clerk of the Court is further directed to
terminate the case.

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