Motion to Compel—Split Decision

Enzo Biochem, Inc. et al. v. PerkinElmer, Inc. et al.

Case Number: 1:03-cv-03817-RJS (Dkt. 155)

In a complaint filed in 2002, Enzo alleged that MPI had violated contractual limits on the use of products purchased from Enzo. In light of the court’s prior order authorizing discovery concerning damages, but not to liability, the court granted Enzo’s motion to compel the discovery of sales data. Judge Sullivan refused to compel discovery of information relating to use of the purchased product, finding that that discovery was directed to liability.

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