United States District Court, N.D. Illinois
February 6, 2004.
The opinion of the court was delivered by: JAMES ZAGEL, District Judge
Stepan Company ("Stepan") has filed a complaint against Oxid L.P.
("Oxid") alleging patent infringement. Stepan claims that Oxid has
manufactured, sold or distributed one or more polyester polyol products
made by a process that infringes United States Patent No. 4,608,432 ("4302
patent"). On November 11, 2003, I granted Oxid's Request for Discovery
for "components or elements of the claims in the `432 patent as well as
on the components and elements of claims contained in related patents and
related patent applications" (Item # 3). Stepan then filed this motion for
clarification and argued its production should be limited to a period
within five years of the `432 patent's filing date. On December 21, 2003,
I took Stepan's motion under consideration and ordered Stepan to produce
responsive documents from the `432 patent's filing date to August 21,
1991. After reviewing both parties' briefs, I find that 1he documents
requested under Item # 3 are relevant and should be provided without time
Stepan's request to limit the time period for Item #3 to five years
after the `432 patent's filing date is DENIED.
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