The document became an issue in a New Jersey Vioxx lawsuit when Merck objected to its use on the grounds that it was an attorney-client communication between company scientists and in-house patent counsel.
New Jersey Superior Court Judge Carol Higbee ruled on May 27 that the document was privileged and could not be used at trial. She also ordered that all copies of the document be returned to Merck or destroyed, but she required Merck to turn over other documents related to the reformulation, including e-mails and memos, within 30 days.
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