Smithlkine Beecham Corp. v. Apotex Corp.

193 F.R.D. 530 (2000)

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Nature of the Case

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Facts

This case concerns the anti-depressant pharmaceutical that Ps market as 'Paxil.” Ps filed a one-count patent infringement claim against Ds. Ps seek an order barring FDA approval of the Ds’ product until the expiration of the 723 Patent. They also seek an order barring Ds from manufacturing, using, or selling their product until that time as well. Ds have answered and asserted the affirmative defenses of unenforceability and invalidity of the 723 Patent. Presently before the court, is a dispute concerning the discoverability of some 1500 documents. Ds sought production of documents relating to the conception, reduction to practice, development, and testing of the invention. Ps claim the materials presently at issue are protected by the attorney-client privilege or the work product doctrine.