Proof of infringement and of the quantum of damages is relatively simple in U.S.IP litigation. Once an IP rights owner has sufficient evidence to have a good faith belief that someone is infringing, satisfying Rule 11 of the Federal Rules of Civil Procedure, an infringement case can be filed. Then, discovery can be taken, using the power of the court to require oral and written responses, and production of documents and things. As a practical matter, the limit on discovery is whether the requests are “reasonably calculated to lead to the discovery of admissible evidence.”[13] The U.S. courts may issue protective orders to limit discovery and to control the use of information produced in discovery. Trade secrets and other confidential information must be produced, but its circulation and use can be limited by court order.[14] http://www.fr.com/news/articledetail.cfm?articleid=67#_ftnref14
As I understand it now, DNA is basically asking for more production information from INSM; which was NOT revealed during the hearing and which may be of 'any interest' to DNA...in order to specify in detail what INSM, presumably, is infringing.
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