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Gilead Sciences, Inc. v. Merck & Co.

United States District Court for the Northern District of California
2016 WL 146574 (2016)


Merck & Company (Merck) (plaintiff) brought suit against Gilead Sciences, Inc. (Gilead) (defendant) for infringement of a patent on production of PSI-6130, a chemical compound. Merck obtained a photograph of Gilead’s laboratory depicting several tubes of compounds. Gilead labeled one of the tubes with a molecular weight identical to that of PSI-6130. As part of discovery, Merck requested additional information on each of the tubes in the picture, including the contents of the tubes. Gilead objected to production of this information. Gilead presented evidence that many chemical compounds have the same weight. Moreover, Gilead provided evidence that Merck already possessed evidence of what the tubes in the photograph contained. Finally, Gilead presented a letter confirming that the compounds in the tubes were not PSI-6130. Merck filed a motion to compel production of additional information about the tubes and their contents.

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Holding and Reasoning (Grewal, J.)

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