Digene Corp. v. Third Wave Techs. Inc., 2007 WL 5731934 (W.D. Wis. July 27, 2007)

Key Insight: Where plaintiff failed to produce emails alleged to contain too little relevant information to justify production costs, court declined to compel production unless defendant indicated willingness to bear 100% of cost, including privilege review; court indicated that upon defendant?s discovery of ?highly relevant, non-cumulative information,? court may require plaintiff to pay fraction of cost

Nature of Case: Patent infringement and antitrust claims

Electronic Data Involved: Emails