Court Denies Defendant’s Motion to Shift Cost of Discovery

May 29, 2018 – NeuroGrafix, Neurography Institute Medical Associates, Inc., and Image-Based Surgicenter Corp. had brought several actions of infringement against many defendants for its patent relating to the imaging of nerve tissues. One of the defendants, Johns Hopkins Hospital (JHH), filed a Motion for Costs for responding to a subpoena from Neurografix. On May 24, the court denied this motion, holding that the costs incurred were not unduly burdensome since “JHH was a party in the litigation, the subpoena was quashed and JHH was not required to fully respond, and there was no finding that the subpoena was vexatious.”

The patent at issue is U.S. Patent No. 5,560,360 entitled “Image Neurology and Diffusion Anisotropy Imaging.” The case is captioned In re: NeuroGrafix (’360) Patent Litigation, Case No. 1-13-md-02432, and is pending in the District of Massachusetts.

By: Julian G. Pymento