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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Third Party Competitor Need Not Comply With Onerous Subpoenas

Posted in Discovery

Viskase v. World Pac, Inc., No. 09 C 5022, Slip Op. (N.D. Ill. Sep. 9, 2010) (Bucklo, J.)

Judge Bucklo granted third party Kalle’s motion for a protective order and to quash plaintiff Viskase’s subpoena. Because the documents sought were created after the patent-in-suit’s filing date, they would have had little impact upon validity. Furthermore, Kalle was a competitor and its confidential information could not be protected from disclosure at trial. Finally, the volume of requested documents and the breadth of Fed. R. Civ. P. 30(b)(6) requests would have made compliance with the subpoena costly and burdensome.