Discovery is denied on stayed antitrust claims

Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 23, 2010.

Thynge, M. J.  Defendants’ motion to compel discovery is denied.

Plaintiff filed this action against defendants alleging infringement of its pulse oximetry-related patents.  Defendants countered alleging antitrust claims.  Plaintiff’s motion to bifurcate and stay discovery of the antitrust counterclaims was granted.  In light of the stay, defendants’ motion to compel discovery relating to the antitrust counterclaims is denied.  The parties are directed to meet and confer to ferret out what requests might relate to the parties' patent claims and to set a schedule for the simultaneous exchange of contentions.

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