May 5, 2015 – The District of Colorado granted in part and denied in part Aetna’s motion to quash and for a protective order regarding HealthTrio’s notice of deposition of Aetna’s CEO and Chairman of the Board, Mark Bertolini. The Court found that Mr. Bertolini had first-hand knowledge of the relevant factual information, but HealthTrio did not show that the facts were unique to him and could not be acquired through the deposition of lower ranking employees. Therefore, the Court quashed the subpoena for the time being, and held that after conducting the 30(b)(6) depositions, HealthTrio can file a motion to depose Mr. Bertolini if it can show (1) the deposed individuals were unable to answer questions about specific matter and (2) Mr. Bertolini can be expected to answer those questions. The patents-at-issue relate to a system and method for generating and/or updating health records. The case is captioned HealthTrio, LLC v. Aetna, Inc. et al., 12-cv-03229, in the District of Colorado.
By: Christopher J. Stankus