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DANISCO A/S v. NOVOZYMES A/S

No. 05 Civ.1972(GEL).

427 F.Supp.2d 443 (2006)

DANISCO A/S and Danisco USA Inc., Plaintiffs-Counterdefendants, v. NOVOZYMES A/S and Novozymes North America, Defendants-Counterclaimants.

United States District Court, S.D. New York.

April 17, 2006.

Attorney(s) appearing for the Case

Michael F. Borun and Kevin M. Flowers, Marshall, Gerstein & Borun LLP, Chicago, IL, for Plaintiffs-Counterdefendants.

Joseph R. Robinson, Steven E. Lipman, and Kevin L. Reiner, Darby & Darby P.C., New York, NY, for Defendants-Counterclaimants.

Steven M. Amundson, Frommer Lawrence & Haug LLP, New York, NY, for Frommer Lawrence & Haug LLP.

OPINION AND ORDER

LYNCH, District Judge.

In this patent infringement action, defendant Novozymes moves to compel production of certain documents withheld by plaintiff Danisco on grounds of attorney-client or work product privilege, arguing that these privileges are inapplicable because the documents were generated in furtherance of a fraud on the patent office. The motion will be denied.

For purposes of this motion, Novozymes does not dispute that...

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