Life Technologies Corporation and Applied Biosy stems, LLC v. Biosearch Technologies, Inc., Biosynthesis, Inc., and Eurofins MWG Operon, Inc. (U.S. District Court for the Northern District of California Case No. C-12-00852 WHA [JCS])

摘要

The facts giving rise to the dispute are not contested. On May 28, 2010, pursuant to P.R. 3-1 of the Eastern District of Texas, Life Tech produced 2,963 pages of laboratory notebooks to Biosearch's outside counsel. Each page of the production is designated "Outside Attorneys' Eyes Only" ("AEO"). On June 4,2010, Jeffry Mann, Morgan Lewis patent prosecutor partner, forwarded to Dr. Ronald Cook, CEO of Biosearch, an e-mail including embedded links to the inventor notebooks of the patents-in-suit Declaration of Jeffry Mann in Support of Biosearch's Opposition to Plaintiffs' Motion for Sanctions ("Mann Decl."), 2. None of the other Morgan Lewis attorneys were aware that Mann sent the e-mail. Id. at 3.