District Court Denies in Part and Grants in Part Motion to Strike Expert

July 14, 2017 – On July 12, 2017, District Judge Jon Phipps McCalla denied Defendants Wright Medical Technology, Inc.’s motion to strike the report of Plaintiffs AngleFix, LLC’s and The University of North Carolina Chapel Hill’s infringement/validity expert in the United States District Court of Western District of Tennessee (Memphis) that he was unqualified on two grounds. First, Defendants alleged that expert was unqualified at the time of the invention’s priority date, and second, that he was unqualified based on his previous testimony as a fact witness in one of Plaintiff’s prior actions. The District Court did partly grant Defendant’s motion to strike Plaintiff’s expert report, since it conflicted with the court’s claim construction.  The patent-at-issue is U.S. Patent No. 6,955,677, entitled “Multi-Angular Fastening Apparatus and Method for Surgical Bone Screw/Plate Systems.” The case is captioned, AngleFix, LLC v. Wright Medical Technology, Inc., 2-13-cv-02407.

By: Monica Chou