Letters of Request to depose witnesses in Sweden and Norway are granted
Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc., Civil Action No.09-286-SLR-MPT, April 27, 2010.
Thynge, M. J. Defendant’s motion for issuance of Letters of Request is granted. Plaintiff’s motion to file a surreply is granted.
In this ANDA case, defendant seeks to depose the inventors and persons supplying declarations during the patent prosecutions who reside in either Norway or Sweden. The parties agree that the Hague Evidence Convention is the appropriate vehicle for this discovery, but Plaintiff objects to the extent they call for privileged information, contain misleading statements, are overbroad, call for legal conclusions, request documents with no foundation of existence, and require deponents to review documents to prepare for the deposition. The requests need not be rewritten to cure the privilege concern because the individuals may avail themselves of the privilege provided in this country and the foreign country. Plaintiff sought leave to file a surreply to report on further discussions. The court is unpersuaded by plaintiff’s arguments of misconduct by the defendant for failure to apprise the court of an outstanding proposal. The Letters of Request are to be revised to reflect the Magistrate’s management of the discovery issues in the case, and this order is to be provided to the foreign authorities and witnesses.
