Updated: Judge Tries to Unring Bell Hanging Around Neck of Horse Already Out of Barn Being Carried on Ship That Has Sailed

(Hi, NYT readers.  I’ve got more about Zyprexa here and post about torts every day.)

“Hey!” says Judge Weinstein Cogan, “Stop distributing documents in contravention of the PTO!”  The order:

Download ZyprexaInjunction.pdf.

Of note, the motion for injunction is a joint one, brought by both the PSC and the defendants:

(See my earlier post on not-so-protective protective orders.)

Update: I hadn’t seen the NYT piece on it before (h/t PoL).  Of note, Gottstein isn’t actually a lawyer in the Zyprexa litigation:

The documents, the basis for front-page articles on Sunday and Monday, were provided to a Times reporter and to organizations and individuals interested in mental health issues by James B. Gottstein. Mr. Gottstein, who is not involved in the Lilly lawsuits, is a lawyer representing mentally ill patients. He has sued the State of Alaska, accusing it of forcing patients to take psychiatric medicines against their will.

Gottstein apparently subpoenaed the documents from Egilman, who was, as an expert in the litigation, presumably subject to the PTO.

Gottstein, on his website, is not shy about flagging his involvement in the Zyprexa documents.