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Nutramax Laboratories, Inc. v. Twin Laboratories, Inc.

United States District Court for the District of Maryland
183 F.R.D. 458 (1998)


Facts

Nutramax Laboratories, Inc. (Nutramax) (plaintiff) filed several actions against Twin Laboratories, Inc. (Twin) (defendant) involving a patent for Nutramax’s product Cosamin. Twin’s defense was that Nutramax was marketing and selling Cosamin more than a year before it filed its patent. Twin deposed several witnesses regarding this issue. Before their depositions, these witnesses prepared with Nutramax’s counsel and reviewed certain documents. During the deposition, Twin asked which documents the witnesses had reviewed in preparation for the deposition. The witnesses refused to answer under instruction from Nutramax’s counsel, who claimed the work-product privilege. Twin filed a motion to compel the production of the documents Nutramax used to prepare the witnesses, and the motion reached this court.

Rule of Law

Issue

Holding and Reasoning (Grimm, J.)

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