Motion to strike expert reports denied

June 23, 2015 – Administrative Law Judge David Shaw denied Instradent USA, Inc.’s and JJGC Industria e Comérico de Materiais Dentarios S/A’s (“respondents”) motion to strike portions of Nobel Biocare Services AG’s and Nobel Biocare USA, LLC’s (“complainants”) expert reports for containing previously undisclosed information.  Judge Shaw held “in most if not all instances, complainants complied with the discovery requirements set forth in [the court’s prior order].  If some of complainants’ interrogatory answers and supplementations were lacking, it might have been possible to cure any harm to respondents if the harm had been delineated clearly and promptly.  It is not, however, necessary to strike portions of the [experts’] reports.”

The case is pending in the International Trade Commission and is captioned In re Matter of Certain Dental Implants, ITC-337-TA-934.  The patents-at-issue are U.S. Patent Nos. 8,714,977 and 8,764,443 related to dental implants.

By:  Christopher J. Stankus

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