Motion to compel granted and motion to quash a deposition subpoena denied

On March 26, 2015, Administrative Law Judge Shaw of the International Trade Commission (“ITC”) issued two final orders in an ITC case before the Commission regarding U.S. Patent Nos. 8,714,977 and 8,764,443 owned by Nobel Biocare Services AG (“Nobel”) and asserted against JJGC Industria e Comercio de Materiais Dentarios S/a (“Respondent”).  In the first order issued by Judge Shaw, the Judge granted Respondent’s motion to compel Nobel to produce two of the four named inventors for a deposition, and rejected Nobel’s argument that the discovery was duplicative and that Nobel had no control over the non-employee inventors.  In the second order issued by Judge Shaw on the same day, the Judge denied a nonparty’s motion to quash Nobel’s deposition subpoena.  In particular, Judge Shaw determined that the nonparty was likely to have substantial knowledge with respect to the deposition topics identified in the subpoena at issue, due to his previous position and length of time at the Respondent’s distributor. The ITC case, which relates to dental implants, remains pending at the ITC and is captioned 337-TA-934.

By:  Jacqueline A. DiRamio

ITC 337-TA-934 (Denied)

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