Court Grants-In-Part and Denies-In-Part Rex Medical’s Motion in Support of its Bill of Costs

February 9, 2016—After considering Defendants Rex Medical, L.P. and Argon Medical Devices, Inc.’s Motion and Memorandum of Law in Support of its Bill of Costs, the Court granted Defendants $48,919.42 of unopposed costs, along with costs relating to video copies of the named inventors on the patents-at-issue, witness fees and expenses, and costs of copying two of Defendants’ exhibits and one of EVM’s exhibits. The Court denied costs relating to video copies of the Defendants’ 30(b)(6) witnesses, costs associated with an audio and visual technician’s services, and all remaining costs associated with making copies. Additionally, the Court ordered the parties to meet-and-confer to determine whether airfare would be included in the witness fees and expenses.

A jury in the United States District Court for the Eastern District of Texas returned a verdict on August 21, 2105, finding U.S. Patent 8,052,670 not invalid and not infringed by Defendants. The patent-at-issue is entitled “Medical Device with Slotted Memory Metal Tube.” The case is number 6:13-CV-184.

By: Katherine E. Adams

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