AbCellera Biologics Inc. v. Bruker Cellular Analysis, Inc.

Summary

The court resolves a discovery dispute concerning Bruker Cellular Analysis, Inc.'s demand for unredacted NIH and NIAID agreements and royalty reports relevant to AbCellera's damages theories. The court orders production of the 2020 NIH/NIAID Agreement, the 2019 NIAID Research Collaboration Agreement, and AbCellera's royalty reports, but finds that the other agreements listed in the 2020 agreement are not shown to be discoverable.

Holdings

1. The 2020 NIH/NIAID Agreement, the 2019 NIAID Research Collaboration Agreement, and AbCellera's royalty reports to the NIH were discoverable and had to be produced to Bruker Cellular in unredacted form because AbCellera's damages theories relied at least in part on bamlanivimab's success or profitability.
2. The other agreements listed in Section 1 were not discoverable because Bruker Cellular had not articulated a non-speculative basis for their production.

Questions Presented

1. Whether the 2020 NIH/NIAID Agreement, the 2019 NIAID Research Collaboration Agreement, and AbCellera's related NIH royalty reports were discoverable because they could bear on contributions to bamlanivimab's success or profitability and thus on AbCellera's damages theories.
2. Whether the other agreements listed in Section 1 of the 2020 NIH/NIAID Agreement were discoverable when Bruker had articulated no non-speculative basis for obtaining them.

Disposition

other