Biovail Laboratories, Inc. v. Anchen Pharmaceuticals, Inc.

PROCEEDINGS: (1) ORDER DENYING DEFENDANT ANCHEN PHARMACEUTICALS, INC.’S MOTION TO ENFORCE THE PROTECTIVE ORDER AND FOR SANCTIONS; AND (2) ORDER DENYING PLAINTIFF BIO-VAIL LABORATORIES, INC.’S MOTION TO MODIFY THE PROTECTIVE ORDER

On October 30, 2006, plaintiff Biovail Laboratories, Inc. (“Biovail”), and defendant Anchen Pharmaceuticals, Inc. (“An-chen”), filed a joint stipulation presenting two motions: (1) Anchen’s motion to enforce the protective order against Biovail (or for a finding of contempt) and for sanctions; and (2) Biovail’s motion to modify the protective order; Biovail also filed the supporting declarations of Scott D. Baskin, Michael G. Ermer, Thomas G. Slater, Jr., and Jill R. Sperber and an eviden-tiary appendix, and Anchen also filed the supporting declaration of Don J. Mizerk with exhibits; on October 31, 2006, Biovail filed a memorandum questioning this Court’s jurisdiction to hear Anchen’s motion to enforce the protective order; and on November 8, 2006, both Biovail and Anchen filed supplemental memoranda and Anchen filed a response to Biovail’s memorandum questioning this Court’s jurisdiction.

Oral argument was held on November 22, 2006, before Magistrate…