UCB, Inc. v. Yeda Research and Development Co. Ltd.

Filing 189

MEMORANDUM OPINION in re 101 MOTION to Compel and 104 MOTION to Compel. Signed by Magistrate Judge Theresa Carroll Buchanan on 02/06/2015. (jlan)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UCB, INC.,
Plaintiff,

v.
YEDA RESEARCH AND DEVELOPMENT
CO. LTD.,
Defendant.

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) Civil Action No. 1:14cv1038
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Memorandum Opinion

THIS MATTER came before the Court on Plaintiff UCB’s Motion
to Compel Defendant Yeda Research and Development Co. Ltd. to
Comply with the Court’s Oral Order of January 13, 2015 (Dkt.
101) and Plaintiff UCB, Inc.’s Motion to Compel Defendant Yeda
Research and Development Co. Ltd. to Produce Yeda 00248307 and
00425270 (Dkt. 104.)
In the first motion, UCB only requested that the January 7,
1985 written opinion of John White be produced in unredacted
form pursuant to the Court’s Order of January 13, 2015 (Dkt.
77).

At oral argument on that motion, UCB then requested that

other documents listed on Yeda’s privilege log as attorneyclient communications or attorney work product also be produced
in unredacted form.

The second motion sought production of two

documents that had been “clawed back” by Yeda.
Upon review of all the pleadings, as well as the documents

submitted in camera by Yeda, and the parties’ letter
submissions, the Court is satisfied that the last portion of the
White letter of January 7, 1985 distinctly relates to patent
prosecution strategy and not, as UCB might have hoped, to
concerns about prior art.

The Court is further satisfied that

all of the other redacted documents submitted in camera,
including the two documents that are subject of the second
Motion to Compel, are also all appropriately withheld based on
attorney-client privilege and work product.
Therefore, the Court denies both of UCB’s motions to
compel.

An appropriate order will follow.

SIGNED this

6th

day of February, 2015.

__________/s/_______________
THERESA CARROLL BUCHANAN
UNITED STATES MAGISTRATE JUDGE
Alexandria, Virginia