September 1, 2015 – United States District Court Judge Ron Clark issued an Order on August 28, denying a request for reconsideration by Plaintiff Dr. Mark Barry related to an earlier decision to disqualify Michael Ellis of Gray Reed who was involved in the prosecution of the patents-in-suit. Judge Clark ruled that Dr. Barry provided no new evidence or case law to warrant reconsideration of his August 14 decision. 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.
Related: Judge Clark Disqualifies Gray Reed Attorneys in Medtronic Patent Infringement Litigation (Aug. 18, 2015)
By: Frederick C. Millett