August 26, 2015 – Defendant Medtronic argued that Plaintiff Dr. Barry will not be harmed if a Gray Reed & McGraw PC attorney, Michael Ellis, cannot participate in the case and to uphold the Court’s decision that mainly disqualified the firm. Medtronic argued that the Court was correct in excluding Mr. Ellis in its initial original decision because Mr. Ellis will be a key witness during trial due to his part of the patent prosecution team and was “vetted” inequitable conduct issues allegedly committed during prosecution. Medtronic further argued that Dr. Barry will not suffer substantial hardship due to Mr. Ellis’ disqualification because Dr. Barry’s legal team includes attorneys that can adequately represent him.
The patents-at-issue are U.S. Patent Nos. 7,670,358, 7,776,072, and 8,361,121, which relate to a device for treating scoliosis. 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.
Related: July 22, 2015 Plaintiff Argues Motion to Disqualify its Attorneys Cannot Delay Case
By: Christopher J. Stankus