Eutectic Corp. v. Metco, Inc.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiffs in this action for declaratory judgment challenging the validity of defendant’s patents have moved for an order under F.R.Civ.P. 37(a) compelling the defendant to produce certain documents. The facts, as gleaned from the accompanying papers, do not appear to be in dispute. Plaintiffs and defendant agreed to a protective order in which defendant permitted plaintiffs to inspect the documents in its patent files and set aside those to be “duplicated for purposes of production.” Plaintiffs did inspect defendant’s documents, setting aside those…