Magistrate's Memorandum Order resolving discovery dispute is upheld

Posted on December 22, 2008 by Amy A. Quinlan

Human Genome Sciences, Inc. v. Amgen, Inc. and Immunex, Corp., Civ. No. 07-526-SLR-MPT, December 16, 2008.

Robinson, J.  Court overrules objection to Magistrate’s Memorandum Order and adopts it in all respects.

Defendant’s objection to the Magistrate’s Memorandum Order dated April 8, 2008 resolving certain discovery disputes is overruled and the Order is affirmed and adopted.  Defendants had asserted that because an interference proceeding was terminated prior to briefing and decision on priority, priority was not before the court and discovery should not be allowed.  The Magistrate found that priority had been adequately raised below sufficiently to allow the district court’s review under 35 U.S.C. § 146.
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