W. Simon Katz v. Batavia Marine & Sporting Supplies, Inc., and Def-Tec Corporation, Movant-Appellee

PAULINE NEWMAN, Circuit Judge.

W. Simon Katz appeals the Order of the United States District Court for the Northern District of Ohio, quashing his subpoena for deposition and production of documents served on Def-Tec Corporation. We affirm the district court’s order.

Background

This request for third party discovery arose out of Mr. Katz’s suit against Bata-via Marine & Sporting Supplies in the Western District of New York, for infringement of United States Patent No. 4,220,263 entitled “Combined Holder for Keys and Protective Spray”, assigned to Mr. Katz. During discovery of Batavia Mr. Katz…