Tardy Request for Profitability Discovery Via 30(b)(6) Deposition Denied

The court denied defendants' motion to compel plaintiff to produce a 30(b)(6) witness for deposition regarding profitability and license agreements. "Defendants contend that profitability is relevant to commercial success, which is a secondary indication of obviousness. . . . While the Court agrees that profitability is at least marginally relevant to the commercial success analysis in the present case, discovery of such information through Rule 30(b)(6) deposition testimony would be unduly burdensome at this stage of the case. Defendants allowed more than a year to elapse prior to filing the present application. Moreover, Defendants did not seek such information in written discovery, further compounding the burden on [plaintiff]."

Warner Chilcott Company, LLC v. Mylan Inc., et. al., 3-11-cv-06844 (NJD September 24, 2013, Order) (Arpert, M.J.)