You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

In re Organon USA Inc.

Citation: 88 F. App'x 396Docket: No. MISC 751

Court: Court of Appeals for the Federal Circuit; January 29, 2004; Federal Appellate Court

Narrative Opinion Summary

Organon USA Inc. and others filed a petition for a writ of mandamus to compel the District Court for New Jersey to vacate a December 4, 2002 order from a magistrate judge, which required the production of documents that Organon claimed were privileged and contained communications with Dutch and European patent agents. Mylan Pharmaceuticals Inc. and Alphapharm Pty. Ltd. opposed this petition. Organon also sought permission to submit a reply, which was attached. Additionally, Koninklijke Philips Electronics N.V. and the Dutch Bar of Patent Attorneys requested to file amicus curiae briefs. However, Organon later notified the court that the district court had vacated the December 4 order, rendering the petition for mandamus moot. Consequently, the court granted Organon's motion to file a reply, declared the petition moot, and ruled the motions from Koninklijke and the Dutch Bar of Patent Attorneys to file amicus briefs moot as well.

Legal Issues Addressed

Amicus Curiae Briefs

Application: The motions to file amicus curiae briefs by Koninklijke Philips Electronics N.V. and the Dutch Bar of Patent Attorneys were declared moot along with the main petition.

Reasoning: Consequently, the court granted Organon's motion to file a reply, declared the petition moot, and ruled the motions from Koninklijke and the Dutch Bar of Patent Attorneys to file amicus briefs moot as well.

Mandamus Relief

Application: The petition for a writ of mandamus was rendered moot when the District Court vacated the order in question, thus eliminating the need for further judicial intervention.

Reasoning: However, Organon later notified the court that the district court had vacated the December 4 order, rendering the petition for mandamus moot.

Privilege and Discovery Disputes

Application: Organon initially sought to prevent the disclosure of documents claimed to be privileged, involving communications with patent agents under Dutch and European law.

Reasoning: Organon USA Inc. and others filed a petition for a writ of mandamus to compel the District Court for New Jersey to vacate a December 4, 2002 order from a magistrate judge, which required the production of documents that Organon claimed were privileged and contained communications with Dutch and European patent agents.