In resolving a discovery dispute in one of the pending Fresenius patent cases, Judge Stearns split the baby and ordered the plaintiff to produce certain documents but not others. Judge Stearns refused to order production of specific third-party lab notebook pages reviewed by the plaintiff’s attorneys in a different litigation involving the same patents. In the ruling, Judge Stearns wrote:
The court notes that what is being sought is a selection of pages made by the attorneys from a subset of laboratory notebooks, rather than their selection of a subset of documents from among many documents. The court finds that Fresenius’s selection of laboratory notebook pages that go to the very heart of the patents-in-suit falls under work product protection because disclosed in its entirety, the selection would tend to reveal the attorneys’ litigating strategies.
Fresenius Medical Care Holdings, Inc. v. Paddock Labs, Inc., 09-11130-RGS (D. Mass. Feb. 25, 2011)
Fresenius Medical Care Holdings, Inc. v. Amneal Pharmaceuticals, LLC., 10-11429-RGS
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