Attorney Kana Caplan recently wrapped up a multi-state effort to collect discovery under 28 U.S.C. §1782 on behalf of Telehealth Products Corporation, Ltd (“Telehealth”). Telehealth is a Hong Kong company that manufactures various medical devices, including an automatic pill dispenser that helps dementia patients and their caregivers improve the management of pharmaceutical treatments.
Telehealth is engaged in litigation in the People’s Republic of China over the theft of its intellectual property by Chinese nationals and companies. Telehealth alleges that these individuals stole the intellectual property of the Telehealth automatic pill dispensers, created copies, and sold the copies to U.S.-based distributors.
Section 1782 allows for the collection of discovery against U.S.-based targets for use in foreign litigations. Krevolin & Horst filed multiple discovery actions against U.S.-based distributors located in Minnesota, New Jersey, Illinois, and New York. Many of the discovery targets refused to cooperate, and the parties engaged in motion practice. In each case, the federal district court granted Telehealth discovery.
The cases are:
- In the Ex Parte Application of Telehealth Products Corporation, Ltd, No.:2:20-cv-12842-BRM-JSA (U.S. District of New Jersey) (Against C&A Marketing, Inc)
- In re Ex Parte Application of Telehealth Products Corporation, Ltd, No. 21-681-PKC-LB (U.S. Eastern District of New York) (Against Maxi-Aids, Inc)
- In re Application of Telehealth Products Corporation, Ltd, 20-mc-00060-WMW-KMM (U.S. Southern District of Illinois) (Against Group Medical Supply, LLC)
- In re Ex Parte Application of Telehealth Products Corporation, Ltd, 4:20-mc-00004-SMY (Southern District of Illinois) (Against Kinsman Enterprises, Inc)