August 18, 2015 – United States District Court Judge Ron Clark issued a decision on August 14, granting in part a request by Medtronic, Inc. to disqualify certain attorneys from Gray Reed who were involved in the prosecution of the patents-in-suit for Plaintiff Mark Barry, M.D., due to the possibility that the jury would be confused and that Medtronic would be prejudiced. Judge Clark ruled that certain attorneys at Gray Reed could stay on the case as general counsel, but could not serve as trial advocates (i.e. addressing the jury or questioning witnesses). The patents-in-suit in this litigation are U.S. Patent Nos. 7,670,358, 7,776,072, and 8,361,121, all entitled “System and Method for Aligning Vertebrae in the Ameliorating of Abberrant Spinal Column Deviation Conditions.” The case is Barry v. Medtronic, Inc., Civil Action No. 1:14-cv-104 (E.D. Tex., Beaumont Division). Dr. Barry’s patents are directed to methods and an apparatus for management and correction of spinal deformities, such as scoliosis.
By: Frederick C. Millett