Court Denies Motion for Protective Order in Skin Care Device Case

October 30, 2015—Plaintiff, Altair Instruments, Inc., alleged that Defendants,, Inc. and Rodan & Fields, LLC, infringe its patent on at-home microdermabrasion device designed to treat and enhance skin. The court denied Defendant’s motion for protective order against Plaintiff’s 30(b)(6) deposition notice. The Court found nothing inappropriate in the Plaintiff’s request for deposition of Defendant’s skin care professional. “ There is no dispute that [Defendants are] planning on presenting significant extrinsic evidence in support of its claim construction contentions.” Additionally, “Plaintiff makes clear [that] it seeks only percipient or fact based extrinsic evidence.” Because the questioning will be “limited in the manner described by [Plaintiff] and [Defendant] cites not case directly on point prohibiting fact discovery regarding extrinsic evidence that does not require expert testimony…” the Court denied Defendant’s Motion for Protective Order. The patent-in-suit is U.S. Patent 6,241,739 entitled “Microdermabrasion device and method of treating the skin surface.” The case is pending in the Central District of California and is captioned Altair Instruments Inc v. Rodan & Fields LLC et al., 2-13-cv-07448.

By: Una Fan