In Re Application of Gilead Pharmasset LLC, C.A. No. 14-243- GMS, April 14, 2015.

Sleet, J.  Petitioner’s application for leave to take discovery pursuant to 28 U.S.C.  § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied.

The court has the discretion to order the discovery, but is not required to do so.  The statutory requirements are met because the party from whom discovery is sought is a participant in the foreign proceeding and is subject to this court’s personal jurisdiction. The factors to consider do not weigh heavily one way or the other.  Because the petitioner has made no effort to obtain the discovery sought in the foreign proceedings, the court exercises its discretion to deny the request  in light of the Intel factors.