Civil conspiracy to commit patent infringement and evade discovery is not actionable
Digene Corporation v. Ventana Medical Systems, Inc., et al., No. 01-752-MPT, Mar. 6, 2007.
Thynge, J. A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.
Civil conspiracy requires an underlying wrong which would be actionable absent the conspiracy. The court found that the infringement claim was preempted by federal patent law. Furthermore, the Federal Rules of Civil Procedure do not create a private cause of action for discovery evasion.
Thynge, J. A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.
Civil conspiracy requires an underlying wrong which would be actionable absent the conspiracy. The court found that the infringement claim was preempted by federal patent law. Furthermore, the Federal Rules of Civil Procedure do not create a private cause of action for discovery evasion.
A copy of the full opinion is available here.
