Microtechnologies, LLC v Autonomy, Inc (aka HP Autonomy) & Anor

Microtechnologies, LLC v Autonomy, Inc (aka HP Autonomy) & Anor

The court exercised discretion to allow cross-examination and leading questions as expressly requested by the US court, declined to impose restrictions on use of evidence beyond existing US protective orders, set 28 days for advance provision of documents, and ordered detailed assessment of costs with interim payments at 60% of claimed amounts.

Parties
Plaintiff: Microtechnologies, LLC; Defendant: Autonomy, Inc (a/k/a HP Autonomy); Defendant: Autonomy Systems Limited; Non Party/respondent: Mr. Sushovan Tareque Hussain
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Civil Appeal / Post Judgment Consequential Matters
Outcome
Appeal allowed; consequential orders made.
Legal Topics
Examination of Witnesses, Evidence in Foreign Proceedings, Costs Orders, Cross Examination, Restrictions on Use of Evidence
Civil Procedure International Judicial Assistance Examination of Witnesses Evidence in Foreign Proceedings Costs Orders Cross Examination Restrictions on Use of Evidence

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Parties

Microtechnologies, LLC

Plaintiff

Autonomy, Inc (a/k/a HP Autonomy)

Defendant

Autonomy Systems Limited

Defendant

Mr. Sushovan Tareque Hussain

Non Party/respondent

Procedural Posture

Civil Appeal / Post Judgment Consequential Matters

Legal Issues

  1. 1 Timing for provision of documents for examination
  2. 2 Requirement for list of questions in advance
  3. 3 Permission for cross-examination

Ratio Decidendi

The court exercised discretion to allow cross-examination and leading questions as expressly requested by the US court, declined to impose restrictions on use of evidence beyond existing US protective orders, set 28 days for advance provision of documents, and ordered detailed assessment of costs with interim payments at 60% of claimed amounts.

Court Disposition

Appeal allowed; consequential orders made.

Orders

  • Documents for examination to be provided 28 days in advance.
  • Liberty to apply to examiner for use of further documents during examination.