Leonard J. Klay, M.D. v. All

PRYOR, Circuit Judge:

This appeal presents an issue of first impression: whether the requirement of reasonable compensation in Federal Rule of Civil Procedure 45(c)(3)(B) obliges a party that has compelled, by subpoena, the production of confidential data to pay a license fee for the data, even though the district court, by protective order, limited the use of the data to litigation purposes, avoided any diminution of the value of the data, and required the payment of the production costs of the data. The American Medical Association, a nonparty, was commanded to produce its annual reports…