Tuesday, December 9, 2008

Plaintiff entitled to samples of modified product as defendant "intends for it to be sold"

Where defendant modified its product after providing a sample to plaintiff in discovery, plaintiff was entitled to a sample of the modified product. "[Plaintiff's] sample requests are intended to . . . identify the nature and composition of the . . . product as [defendant] intends for it to be sold. . . . this matter will not be decided based on a hypothetical product."

Eli Lilly and Co. v. Teva Pharm. USA, Inc., 1-06-cv-01017 (INSD December 5, 2008, Order).

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