GlaxoSmithKline LLC, et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-878-LPS-CJB, March 3, 2016
Burke, M.J. Plaintiff’s motion to compel is granted in part.
Motion to compel market analysis and forecasts of sales for generic carvedilol and business decision to switch from a paragraph IV certification to a Section iii carve-out are granted in part. That search goes back well beyond the 6-year period before filing the complaint. The court finds that plaintiff has shown good cause for some additional searching beyond the 6 years contemplated in the Default standard. It required additional searching with respect to 2 of the e-discovery custodians and ordered the parties to meet and confer regarding a reasonable search. With respect to plaintiff’s requests for internal analyses regarding manufacturing decisions and patent enforcement relating to carvedilol, the court was not convinced there was good cause to require further searching for this fishing expedition, but ordered the parties to meet and confer regarding a reasonable and focused search. Plaintiff’s request regarding a response to an interrogatory requesting defendant’s decision to replace its paragraph IV certification with a section viii carve-out is granted. The information was relevant to induced infringement.