Patentee ordered to produce foreign-based inventors for deposition in the U.S.
Amgen, Inc., et al., v. Ariad Pharmaceuticals, Inc., et al., No. 06-259-MPT, May 14, 2007.
Thygne, J. The Court ordered defendants to produce the foreign-based inventors for deposition in the U.S. in patent declaratory judgment action.
Plaintiff sought to compel the depositions of three foreign-based inventors of a certain patent at issue in the pending declaratory judgment action. Although the inventors were not employees, officers, directors or managing agents of defendants, each had executed an assignment whereby all inventors agreed to testify in any legal proceeding involving the invention or patent directed thereto. Specifically, the inventors agreed “to perform any other lawful acts which may be deemed necessary to secure fully the aforesaid invention to said ASSIGNEE, . . . including . . . the giving of testimony. . . .” The Court concluded that the inventors’ testimony was likely to be relevant to the action. Have reached such a conclusion and based on the executed assignment, the Court directed the defendant to produce the foreign-based investors for deposition in the U.S. Amgen was ordered to pay the witnesses’ reasonable travel, food and lodging expenses.
A copy of the full opinion is available here.
