Bayer Ag v. Betachem Inc‪.‬

ARGUED JANUARY 15, 1999 Filed April 12, 1999 OPINION OF THE COURT Bayer AG appeals the District Court's denial of its motion seeking unredacted documents under 28 U.S.C. § 1782. Bayer contends that the unredacted information is necessary to (1) impeach the credibility of a witness in litigation pending in Spain, and (2) discover additional information concerning a drug master file at issue. Betachem responds that the information sought is beyond the scope of the subpoena, and alternatively, that Bayer already has the information sought, albeit in a different form. The District Court had jurisdiction under 28 U.S.C. §§ 1131 and 1782. We have jurisdiction under 28 U.S.C. § 1291.1 We review the District Court's denial of a discovery request made under 28 U.S.C. § 1782 for an abuse of discretion. See In re Application Pursuant to 28 U.S.C. § 1782 for an Order Permitting Bayer AG to Take Discovery, 146 F.3d 188, 191 (3d Cir. 1998) (hereinafter In re Bayer AG). We will affirm.