Deering Milliken Research Corp. v. Leesona Corp.

BRUCHHAUSEN, Chief Judge.

The plaintiff moves for discovery, specifying the items in its notice of motion. The intervener objects upon the ground that the motion is improperly brought to obtain evidence for use in an interference proceeding pending in the United States Patent Office, and also that the evidence sought is privileged.

The plaintiff entered into an agreement with the defendant on November 23, 1954, whereby the defendant was licensed to manufacture and sell textile machinery involving the production of stretch yams utilizing the plaintiff’s "“Agilon” process. The agreement obligated…