Court Denies in Part, Grants in Part C.R. Bard’s Motion to Compel Production of Documents in Dispute Against Medline Industries

January 28, 2016 – United States Magistrate Judge Young B. Kim issued a Memorandum Opinion and Order on January 26, 2016, denying a request by C.R. Bard, Inc. for production of draft inventor declarations submitted to the U.S. Patent and Trademark Office (“USPTO”) and an agreement between the inventor and Medline Industries, Inc.’s counsel that had been marked privileged.  In the same Order, Magistrate Judge Kim granted C.R. Bard’s request for Medline to produce drafts of a declaration submitted by a third party consultant to the USPTO that were marked privileged.  The patents-in-suit are U.S. Patent Nos. 8,448,786 and 8,678,190, both entitled “Catheter Tray, Packaging System, Instruction Insert, and Associated Methods,” and U.S. Patent No. 8,631,935, entitled “Catheter Tray, Packaging System, and Associated Methods.”  The patented technology relates to urinary catheter trays.  The ongoing district court litigation is Medline Industries, Inc. v. C.R. Bard, Inc., Civil Action No. 14-cv-3618 (N.D. Ill., Eastern Division).

By: Frederick C. Millett

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