Health Grades, Inc. v. MDX Medical, Inc.

Filing 859

ORDER by Magistrate Judge Boyd N. Boland on 9/8/14. The Motion to Compel 811 is GRANTED IN PART and DENIED IN PART as follows: GRANTED to require the parties to schedule supplemental depositions of their technical experts and DENIED in all other respects. The Motion to Amend Invalidity Contentions 814 is DENIED. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00520-RM-BNB
HEALTH GRADES, INC.,
Plaintiff,
v.
MDX MEDICAL, INC., d/b/a Vitals.com,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on:
(1)

MDx’s Motion to Compel [Doc. # 811, filed 7/25/2014] (the “Motion to

Compel”); and
(2)

MDx’s Third Motion for Leave to Amend Invalidity Contentions [Doc. # 814,

filed 8/1/2014] (the “Motion to Amend Invalidity Contentions”).
I held a hearing on the motions on August 28, 2014, and made rulings on the record,
which are incorporated here.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 811] GRANTED IN PART and DENIED IN

PART as follows:
• GRANTED to require the parties to schedule supplemental depositions of their
technical experts. Each supplemental deposition is limited to not more than three hours; inquiry
is limited to new issues contained in supplemental expert reports which the parties have agreed

to exchange no later than October 20, 2014; and the supplemental depositions must be completed
on or before November 7, 2014; and
• DENIED in all other respects.
(2)

The Motion to Amend Invalidity Contentions [Doc. # 814] is DENIED.

Dated September 8, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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