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Motion granted to substitute discovery witness blocked by COVID-19 and German treaty.
In a patent infringement action, the defendant brought a motion to compel the attendance of a substitute discovery witness on behalf of the corporate plaintiffs.
The plaintiffs' selected representative, a resident of Germany, was unable to be examined outside of Germany due to COVID-19 travel restrictions, and there was no practical way to complete his examination in Germany in accordance with the German British Convention within the trial timeline.
The Court granted the motion, ordering the plaintiffs to designate an alternative representative capable of being examined outside of Germany or Austria.
