July 22, 2015 – Plaintiff Dr. Barry filed a Motion to Compel to have the court require Medtronic to go forward with a 30(b)(6) deposition, as scheduled. Medtronic refused to provide a witness for the deposition because it does not want Plaintiff’s attorneys to take or participate in depositions of Medtronic’s witness(es) while its Motion to Disqualify Plaintiff’s attorneys is pending. Medtronic believes Plaintiff’s attorneys should be disqualified from the case because of their involvement in Dr. Barry’s patent prosecution, which would make them potential witnesses in the case. The patents-at-issue are U.S. Patent Nos. 7,670,358; 7,776,072; and 8,361,121, which relate to a system and method for straightening spines. The case is captioned Mark A. Barry, M.D. v. Medtronic, Inc. and is pending in the Eastern District of Texas, Beaumont Division, 14-cv-00104.
By: Christopher J. Stankus