Zest IP Holdings, LLC v. Implant Direct MFG., LLC, 10-CV-0541-GPC

On December 3, 2014, the district court for the Southern District of California issued a decision ordering dental implant company, Implant Direct Mfg., LLC (“the Defendant”), to pay over $122,000 in monetary sanctions to Zest IP Holdings, LLC (“the Plaintiff’), for destroying evidence in the Plaintiff’s pending patent infringement suit. The Plaintiff’s underlying patent infringement suit, which was filed in March of 2010, alleges that the Defendant infringed U.S. Patent Nos. 6,030,219 and 6,299,447, owned by the Plaintiff, and drawn to “Locator” dental implant devices. With regard to a motion filed by the Plaintiff for spoliation and discovery abuse sanctions, the Plaintiff had asserted that the Defendant deleted emails relating to the Defendant’s encouragement of third-party dentists to use a product produced by the Defendant with Plaintiff’s “Locator” devices. Although the district court ordered the defendant to pay over $122,000 in sanctions, this was less than the $214,000 originally requested by the Plaintiff. The case remains pending in the Southern District of California and is captioned Zest IP Holdings, LLC v. Implant Direct Mfg., LLC, 10-CV-0541-GPC.

By: Jacqueline A. DiRamio

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