Conclusory statements about the relevance of foreign prosecution histories do not support motion to compel

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Regeneron Pharms., Inc. v. Ablexis, LLC.

Case Number: 1:14-cv-01651-KBF

Defendant Ablexis requested that the court compel the production of documents associated with the prosecution of non-U.S. patent applications related to the patent-in-suit. The court said that a defendant’s statement that the requested documents are relevant to “noninfringement, invalidity, and unenforceability” was “too net.” She gave Ablexis two days to provide some indication of the “how” or the “why” the documents are relevant.


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