Wyeth v. Impax Labs., Inc., C.A. No. 06-222-JJF, 2006 U.S. Dist LEXIS 79761 (D. Del. Oct. 26, 2006).
Upon a motion to compel filed by Impax, Wyeth prevailed on four of five disputes before the Court, losing only its bid to split the cost of imaging relevant documents with Impax. As to Impax�s request that Wyeth produce documents from prior litigation involving the same patents, the Court denied the request as to documents not related to matters at issue in the present litigation because Impax had not shown that the documents were �critical to resolving the issues before the Court.� As to production of documents in their native format (as opposed to TIFF format or PDF format), the Court held that since 1) the parties had not agreed to produce documents with metadata and 2) Impax had shown no particularized need for the documents with metadata, the Court would not force Wyeth to produce the native files with metadata.