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CONNAUGHT LABORATORIES v. SMITHKLINE BEECHAM P.L.C.

No. 98-1471.

165 F.3d 1368 (1999)

CONNAUGHT LABORATORIES, INC., Plaintiff, v. SMITHKLINE BEECHAM P.L.C. and SmithKline Beecham Corporation, Defendants-Appellees, v. U.S. Food & Drug Administration, Dr. Drusilla Burns, and Dr. Michael Brennan, Subpoenaed Parties-Appellants.

United States Court of Appeals, Federal Circuit.

January 25, 1999.

Attorney(s) appearing for the Case

Richard L. Rainey, Finnergan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellees. With him on the brief were Donald R. Dunner, Susan H. Griffen, and Jeffrey B. Chasnow. Of counsel on the brief were Mark S. Brown, King & Spalding, of Washington, DC, and Zoltan Kerekes, SmithKline Beecham Corporation, of King of Prussia, Pennsylvania.

John S. Koppel, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for subpoenaed parties-appellants. With him on the brief were Frank W. Hunger, Assistant Attorney General, and William Kanter, Deputy Director, Appellate Staff.

Before MAYER, Chief Judge, CLEVENGER and GAJARSA, Circuit Judges.

MAYER, Chief Judge.

The United States Food and Drug Administration ("FDA") appeals the judgment of the United States District Court for the District of Delaware, 98-MC-24, which granted the motion of SmithKline Beecham P.L.C. and SmithKline Beecham Corp. ("Smithkline") to compel the FDA to comply with subpoenas requiring testimony from its employees. See Connaught Lab., Inc. v. SmithKline Beecham P.L.C., 7 F.Supp.2d 477

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