U.S. v. Sinovel Wind Group Co., Ltd.

Ct. of Appeal lacked jurisdiction to consider appeal of Dist. Ct.‘s denial of defendant-Chinese corporation’s motion to quash service of summons on indictment alleging criminal copyright infringement and trade secret theft charges, where said summons had been served on defendant’s U.S. subsidiary corporation, since said denial was not final order in criminal case, and since said denial did not qualify for review under collateral order doctrine. Moreover, Ct. observed that defendant will have opportunity to appeal Dist. Ct.’s denial upon completion of case and further rejected defendant’s claim that review of order was warranted because: (1) China owned 18% of defendant; and (2) continued litigation in instant case would imperil foreign relations between U.S. and China. Also, defendant failed to meet standard for issuance of writ of mandamus where defendant had adequate remedy to obtain eventual review of Dist. Ct. order.