Court Denies Request For Documents

Morris James LLP

Shelbyzyme, LLC v. Genzyme Corporation, C.A. No. 09-768-GMS, February 25, 2015.

Thynge, M.J.  Court denies defendant’s request that documents relating to a prior application be produced.

Defendant seeks documents on the basis of the crime-fraud exception relating to abandonment and revival of a patent application which eventually issued.  The court had previously found defendant had met its burden to demonstrate a prima facie case of fraud with respect to a particular time period and required production.  Defendant complains that documents were withheld as having already been produced or as not relevant.  The judge reviews documents in camera and denies further production.

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