Momenta Pharmaceuticals, Inc. et al v. Amphastar Pharmaceuticals, Inc. et al

Filing 60

Judge Nathaniel M. Gorton: ORDER entered granting in part and denying in part 19 Motion for Discovery (Patch, Christine)

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United States District Court District of Massachusetts ________________________________ ) MOMENTA PHARMACEUTICALS, INC., ) SANDOZ INC., ) Plaintiffs, ) ) Civil Action No. v. ) 11-11681-NMG ) AMPHASTAR PHARMACEUTICALS, INC., ) INTERNATIONAL MEDICATION ) SYSTEMS, LTD., WATSON ) PHARMACEUTICALS, INC., ) Defendants. ) ________________________________ ) ORDER GORTON, J. Plaintiffs’ Motion for Limited Expedited Discovery (Docket No. 19) will be ALLOWED, in part, and DENIED, in part. The motion is allowed with respect to the documents requested in Plaintiffs’ supplemental memorandum (Docket No. 44), specifically, the sections in defendants’ Abbreviated New Drug Application (“ANDA”) that describe: 1) release testing related to detecting 1,6-anhydro ring structures, 2) release testing related to sequencing of tetrasaccharides, and 3) master batch records. Defendants shall produce the requested documents on or before the close of business Monday, October 17, 2011. Until the parties have submitted and the Court has approved a stipulated Protective Order, confidential information shall be maintained in confidence by the party to whom it is produced and -1- shall not be disclosed to any person except outside counsel and independent experts specifically engaged to assist in this litigation. So ordered. /s/ Nathaniel M. Gorton Nathaniel M. Gorton United States District Judge Dated October 14, 2011 -2-

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