Letters of request exclude patent prosecution not at issue in lawsuit
Ethypharm S.A. France v. Abbott Laboratories, Civil Action No.08-126-SLR-MPT, November 2, 2010.
Thynge, M. J. Plaintiff’s motion to issue letters of request for depositions of at least six French current or former employees of defendant is granted in part and denied in part.
The court recognizes that the application of the Hague Convention or Federal rules may render this motion moot. Plaintiff seeks evidence relating to the prosecution of certain patents. Defendant seeks to bar testimony on the topic of the ‘729 patent which is not at issue in this lawsuit. The Hague Convention provides that a letter of request “shall not be used to obtain evidence which is not intended for use in judicial proceedings, commenced or contemplated.” The court finds that any inequitable conduct during the ‘729 patent prosecution is not relevant to plaintiff’s claims in this lawsuit.
