Bayer Ag v. Betachem Inc. Book Reviews

Bayer Ag v. Betachem Inc. by Third Circuit U.S. Court Of Appeals Book Summary

ARGUED JANUARY 15, 1999 Filed April 12, 1999 OPINION OF THE COURT Bayer AG appeals the District Court's denial of its motion seeking unredacted documents under 28 U.S.C. § 1782. Bayer contends that the unredacted information is necessary to (1) impeach the credibility of a witness in litigation pending in Spain, and (2) discover additional information concerning a drug master file at issue. Betachem responds that the information sought is beyond the scope of the subpoena, and alternatively, that Bayer already has the information sought, albeit in a different form. The District Court had jurisdiction under 28 U.S.C. §§ 1131 and 1782. We have jurisdiction under 28 U.S.C. § 1291.1 We review the District Court's denial of a discovery request made under 28 U.S.C. § 1782 for an abuse of discretion. See In re Application Pursuant to 28 U.S.C. § 1782 for an Order Permitting Bayer AG to Take Discovery, 146 F.3d 188, 191 (3d Cir. 1998) (hereinafter In re Bayer AG). We will affirm.

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