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This section contains the nature of the case and procedural background.

Merck (D) asserts that Gilead (P) infringed two of its patents. P says it was the one to conceive and reduce to practice the inventions, in 2003, in a compound named PSI-6130. P's expert produced a photograph of various tubes of compounds. The expert testified that he got the compounds before 2003 from the founder of an entity later acquired by P. D immediately demanded further production of further information about the tubes and their contents, including the tubes themselves.

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