Lenox accused Medtronic of abusing a contract to supply surgical bone mills used for spinal fusion surgeries to monopolize the market.
Judge Nina Wang of the U.S. District Court for Colorado ordered the law firm defending Lenox to pay the costs for Medtronic’s counsel, related to their motion for an order to show cause, according to court documents.
“The court recognizes that discovery in a complex and hard-fought case like this one can be an arduous process. Ordinarily, the court would be disinclined to impose sanctions, in part because it appears that plaintiff has provided the information sought by defendants and it is unclear what prejudice defendants have suffered. However, this is the 2nd instance within 6 months in which plaintiff’s counsel has been less than forthright to the court,” Wang wrote. “The court is troubled by this pattern, and cannot ignore it.”
The judge ruled that Lenox’s counsel caused the court and the defendant’s counsel to spend time and resources resolving the issue, which shouldn’t have required intervention.
Wang warned both firms’ counsel to “conduct a meaningful meet and confer regarding this issue,” and reach an agreement on the amount of expenses and fees necessary to be paid by the plaintiff. The fee application was ordered to be filed by Oct. 16, according to court documents.
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