In re: NeuroGrafix (‘360) Patent Litigation (13-md-02432).

Judge Stearns granted a motion to quash subpoenas served on more than 100 of defendant’s customers that were issued after the discovery deadline. Plaintiff was pursuing indirect infringement claims against the defendant, and sought through the subpoenas to obtain discovery on direct infringement.  Defendants moved for an emergency protective order on September 5th, and Judge Stearns granted the motion on September 6th, finding that a previous extension of discovery was limited to new issues raised by Plaintiff’s proposed new complaint and/or any new defenses; as Plaintiffs knew about its indirect infringement claim since at least December 2013, there was no justification for its not having sought discovery from the customers in a timely fashion.  He ordered the parties to meet and confer on the best way to notify the customers that they did not need to respond to the subpoenas, with the Plaintiff to bear the costs of such notification.

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