Background:

• Pharmascience Inc. appealed a decision made by a Case Management Judge which compelled the production of its financial statements from 2019 to the present, related to a patent infringement dispute involving the drug abiraterone.

Legal Issues:

1. The standard of review applicable to the appeal of the Case Management Judge's decision.
2. Whether the Case Management Judge erred in ordering the production of Pharmascience's financial statements.
3. Consideration of the principle of proportionality in deciding to order the production of financial statements.

Court’s Analysis and Decision:

• The court upheld the standard of palpable and overriding error for questions of mixed fact and law, while correctness was applied to questions of law.
• The court found no error in the Case Management Judge's decision to compel the production of the financial statements, noting that the decision considered the relevance of the documents to the issues raised in the case and conducted a proportionality analysis.
• The court dismissed Pharmascience’s appeal, agreeing with the lower court's reasoning and concluding that the financial statements were relevant and necessary for the case.

Outcome:

• The appeal was dismissed, with the court affirming the Case Management Judge's order for Pharmascience to produce the financial statements.
• Defendants were awarded costs in the lump sum amount of $3,000 plus disbursements of $864.45 for the cost of the transcript of the hearing before the Case Management Judge.