Smithkline Beecham Corp. v. Apotex Corp.

MEMORANDUM ORDER

BOBRICK, United States Magistrate Judge.

Before the court is the motion of defendants Apotex Corporation, Apotex Inc., and Torpharm, Inc. to compel the production of certain documents listed in the privilege log of plaintiffs Smithkline Beecham Corporation and Beecham Group, Inc.

I. BACKGROUND

This case concerns the anti-depressant pharmaceutical that plaintiffs market as “Paxil.” Beecham obtained United States Patent No. 4,721,723 on the drug Crystalline Paroxetine Hydrochloride Hemihydrate on January 26, 1988 (“723 Patent”), and eventually assigned it to Smithkline.1 Defendant…