District Judge Paul A. Engelmayer
Purolite Corp. and its affiliates (Purolite) sought an order under 28 USC §1782 directing New York-based Hitachi Am. Ltd.’s (HAL) compliance with third-party discovery sought in aid of Purolite AG’s suit against Hitachi-GE Nuclear Energy Ltd. (HGNE) in Tokyo (Japan Action). The court stayed Purolite Corp.’s related action against HAL and AVANTech Inc. (U.S. Action). In the Japan Action, Purolite AG alleged that on HGNE’s behalf, HAL solicited business from, or executed contracts with, U.S. entities for remediation work at the Fukushima power plant that would use Purolite’s proprietary technology, allegedly contrary to a partnership agreement between HGNE and Purolite. Despite concluding that Purolite met the three requirements for discovery under §1782 the court, balancing the four discretionary factors identified in Intel Corp. v. Advanced Micro Devices Inc., 542 U.S. 241, could not approve Purolite’s proposed subpoenas for documents and testimony as currently drafted. The subpoenas were overly broad, would improperly reach evidence held outside the United States, and appeared aimed at bolstering the U.S. Action instead of being tailored to the distinct claims, defenses, and needs of the Japan Action.